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Case Notes
Cumis Counsel on the Hook for Unreasonable Fees
Last month, we explained that a Cumis counsel is an attorney engaged directly by a defendant when there is liability insurance potentially covering the claim, but there is a conflict of interest between the insurance company and the insured defendant. We went on to discuss Hartford Casualty Insurance Company v. J.R. Marketing, L.L.C., California Supreme Court case no. 5211645.
In this recently decided case, Hartford contended it should be able to recoup the overbilled amounts directly from Cumis counsel. The Cumis counsel, Squire Sanders (US) LLP, argued that if Hartford had any rights at all to recover purportedly overbilled amounts, such rights run solely against Hartford's insured, J.R. Marketing. The latter argued that Hartford could assert no legal or equitable claim against Cumis counsel or any other non-insured because Hartford's right to reimbursement depends on the contractual relationship between Hartford and J.R. Marketing. The trial court in the coverage matter agreed with Squire Sanders and ruled that Hartford's right to reimbursement, if any, was limited to J.R. Marketing.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
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.