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Case Notes
Late Notice Under 'Claims Made' Policy
According to a recent decision by the Supreme Court of New Jersey, an insurer denying coverage based upon an insured's failure to provide timely notice of a claim under a “claims made” directors and officers policy is not required to show appreciable prejudice ' provided such “claims made” policy was agreed to by sophisticated parties. In Templo Fuente De Vida Corp. et al. v. Nat ' l Union Fire Ins. Co. of Pittsburgh, P.A., 2016 WL 529602 (N.J. Feb. 11, 2016), the plaintiffs, Templo Fuente De Vida Corp. and Fuente Properties, Inc. (collectively, “Fuente”), entered into a purchase agreement to buy property conditioned upon securing mortgage financing by a certain date.
Fuente received a series of funding commitments from the insured, First Independent ' then known as Meri Financial Group, Inc. ' but when the final closing date arrived, neither First Independent nor any other sources of financing listed in the commitment documents were able to provide funds and the sellers terminated the purchase. As a result, Fuente filed a complaint against First Independent, among others, in February 2006. Id . at *1.
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.