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Corporate Successorship: What You Don't Know Could Cost You
In today's increasingly complex and fluid corporate world, insurers are routinely presented with claims from companies with no apparent connection to the insured named in the policy. These heretofore unknown companies nevertheless claim to be corporate successors to the original insured, and demand coverage under the policy. However, as discussed below, a corporate successor's right to coverage under a predecessor's policy is not a foregone conclusion. Rather, the outcome depends heavily on the specific circumstances of the corporate transaction, along with the particular jurisdiction and state law under which the question is posed. Thus, to protect against paying claims in error, an insurer's first line of defense is awareness of the issues.
Identifying these issues typically involves two questions. The first has to do with the underlying tort law: Will a successor corporation be held liable or responsible for harms that can be traced back to the products or conduct of an original corporation? The second question relates to insurance law: Assuming the successor corporation is held liable or responsible for the original corporation's products or conduct, can the successor corporation collect under insurance policies issued to the original insured?
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.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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.
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.
When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."