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Full Disclosure in Insurance Applications
In Illinois State Bar Association Mut. Ins. Co. v. Law Office of Tuzzolino and Terpinas , 5 N.E.3d 1123 (Ill. 2014), the Illinois Supreme Court held that an insurer could rescind a malpractice policy due to material misrepresentations made in the insurance application, even though the rescission left other attorneys who did not take part in the application and were not involved in the underlying misconduct (innocent insureds) without coverage.
Background Facts
Sam Tuzzolino and Will Terpinas, Jr. were law partners in a law firm organized as a limited liability entity. The legal matter that created the underlying application misconduct issues involved Sam Tuzzolino (Tuzzolino). He represented a client named Anthony Coletta (Coletta) in a variety of matters, including litigation arising from alleged mismanagement of a Chicago nightclub. In that litigation, Tuzzolino failed to timely disclose expert witnesses who would testify about valuation issues, and failed to retain an expert on forensic accounting issues. As a result, the designated experts were barred from testifying at trial.
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?