Is Coverage Hiding in Your Insured Contracts?
February 29, 2016
Contractual liability frequently is excluded from coverage in Commercial General Liability ("CGL") policies. However, certain contractual liabilities, including "insured contracts," typically are covered under CGL policies as a result of exceptions to the general contractual liability exclusion.
Sup. Ct. To Clarify <i>Fogerty</i> Copyright Attorney Fees Factors
February 29, 2016
For the second time in three years, the U.S. Supreme Court is poised to consider important questions under the Copyright Act at the behest of Supap Kirtsaeng, a tenacious Thai math professor. In 2013, the Supreme Court handed Kirtsaeng an important victory in a litigation brought against him by a major publisher, holding that a copyrighted work published and purchased abroad may be resold in the United States without the permission of the copyright holder.
Financing Statement Filed Without Debtors' Authorization
February 29, 2016
Under the Uniform Commercial Code (UCC), a secured party can perfect its lien on certain of a debtor's assets by the filing of a UCC-1 financing statement. However, Section 9-509 of the UCC provides that a party may file such a financing statement only if the debtor authorizes the filing: either expressly in an authenticated record or, more commonly, by executing a security agreement.
$596 Million Stock Offering For Burger King Parent
February 29, 2016
Greenberg Traurig corporate and securities shareholders Kara MacCullough and Flora Perez barely slept for eight days. That's the time they had to complete a secondary public offering for their client Restaurant Brands International, or RBI, parent of Miami-based Burger King and Oakville, Ontario-based coffee, doughnuts and sandwich chain Tim Hortons.
The Advice-of-Counsel Defense and the Corporate Employee: A Loss of Balance
February 29, 2016
Ordinarily, a defendant who wishes to assert the defense of advice of counsel must unlock the door that shields his privileged communications with counsel and divulge those communications to his adversary. But when the defendant is a corporate employee who claims to have relied on advice from the corporation's attorney, the employee may not be able to unlock that door.
<b><i>Leadership:</i></b> Accelerate New Business Now
February 29, 2016
Acceleration is about generating and making new business successful in less time. In order to enter the "accelerator zone," one must first understand what happens when you are <I>not</I> in the "accelerator zone."
Marketing Tech: Voice Search
February 29, 2016
Voice search is rapidly emerging as the predominant way that consumers inquire about products, services and, yes, lawyers. Here's what you need to know.
The NJ Franchise Practices Act and the Legacy of 'Instructional Systems'
February 29, 2016
The New Jersey Franchise Practices Act is a powerful tool for those businesses that qualify for its protections. Under the NJFPA, a franchisor cannot terminate a franchisee without good cause, even where doing so would be perfectly acceptable under the parties' contract. The NJFPA also prohibits a franchisor from imposing "unreasonable standards of performance" on a franchisee.
Court Watch Franchisors Rebuff Franchisees' Claims Of Bad Behavior
February 29, 2016
The implied covenant of good faith and fair dealing, while not always a separate cause of action, depending on the jurisdiction, can be a powerful tool in a franchisee's arsenal to assert claims based on breaches of franchise agreements due to a franchisor's bad conduct. However, recent cases coming out of New York and Michigan demonstrate just how difficult it can be for a franchisee to make out a claim premised on the franchisor's poor behavior.
Intellectual Property
February 29, 2016
Courts and negotiators, mediators and arbitrators across our country are grappling with questions surrounding the equitable distribution of intellectual property assets ' including, but not limited to, copyrights and patents. But this area of the law has not yet been fully addressed by case law.
