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Insurance Claims for Solar Panel Defects
Recent reports of a quality crisis in the solar panel industry, following years of exploding growth and intense price pressure, have raised the specter of a wave of litigation. The most notable source of such allegations is a recent New York Times article (“Solar Industry Anxious over Defective Panels,” May 28, http://nyti.ms/1alDtFY), in which reporter Todd Woody cited multiple reports of double-digit defect rates for installed components.
While aggregate industry figures are hard to come by, industry participants have not denied that problems exist. In response to the Times article, SolarWorld, which claims to be the largest U.S. solar panel manufacturer, warned that “without urgent attention, reports of increasing defects among crystalline silicon solar panels could undermine low and stable defect rates that the industry achieved in mass production beginning in the 1970s.” See http://yhoo.it/18sefQC%20'(last viewed Sept. 4, 2013).
If the problems are as widespread as the Times article indicates, lawsuits could be forthcoming against solar panel manufacturers, the component manufacturers that supplied parts or materials used in the making of those panels, the panel distributors and dealers, and the contractors who installed the panels. As many of the defective components have been manufactured by companies now bankrupt, and many faulty components derive from small Chinese manufacturers from which it would be difficult to obtain redress, insurance recovery is likely to loom large in these struggles. What can businesses facing liability and loss from faulty solar construction expect when they turn to their insurance companies for help with these claims?
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?