Features

Once in a while, something known as 'new distribution forms' of software catch the attention of people in the tech market in Germany. But standard license agreements and provisions of German copyright law do not always match perfectly, and these discrepancies give rise to gaps and misunderstandings that courts must ultimately settle.

News about the people leading the e-commerce industry.

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Features

Highlights of the latest insurance cases from around the country.

Features

In a ruling characterized as 'one of its most important environmental decisions in years' and a 'strong rebuke to the Bush Administration,' the U.S. Supreme Court held recently that the U.S. Environmental Protection Agency has authority to regulate emissions of greenhouse gases ('GHG') that contribute to climate change. Linda Greenhouse, <i>Justices Say E.P.A. Has Power to Act on Harmful Gases</i>, New York Times, Apr. 3, 2007 (discussing <i>Massachusetts v. Environmental Protection Agency</i>, No. 05-1120 (U.S. Apr. 2, 2007)). The Supreme Court's ruling in <i>Massachusetts v. EPA</i> could trigger long-anticipated regulation of GHG emissions in the United States, dramatically changing the regulatory environment in which U.S. businesses operate.

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Insurers generally require a prospective insured to make representations concerning the criteria the insurer will use to evaluate and approve insurance policies. Insurers invariably rely on any such representations made as part of the application process. In fact, the policies usually expressly state that they will be issued 'in reliance upon the truth' of the representations contained in the applications.

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More and more often insureds are being forced to litigate with their insurers to protect rights under insurance policies, while at the same time those insureds must actively defend against the very litigation for which they seek insurance coverage. Indeed, insurers often will pursue litigation against their insureds to establish the absence of any coverage obligation if there appears to be a question regarding the existence of a defense or indemnity obligation with respect to underlying litigation. Alternatively, due to potentially applicable statutes of limitation, or a need to seek judicial intervention to force an insurer to assist in an underlying defense for which the insurer has refused coverage, an insured may be required to file coverage litigation before underlying litigation is concluded.

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