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Case Briefs
Insurer May Be Obligated to Pay for Defense of Uninsured Party
In Gray Cary Ware & Freidenrich v. Vigilant Insurance Co., 2004 Cal. App. LEXIS 27 (Cal. Ct. App. Jan. 12, 2004, modified, Feb. 4, 2004), a California Court of Appeal addressed the scope of California Civil Code section 2860. Section 2860, the so-called “Cumis” statute, requires an insurer to provided independent counsel to an insured in specified situations. It also mandates that “ any dispute concerning attorneys' fees not resolved by [the] methods [specified in the section] shall be resolved by final and binding arbitration.”
A law firm and one of its private investigators were named by Deepak Chopra as defendants in a lawsuit and the investigator was named by Chopra as a defendant in another lawsuit. The firm's insurer consented to the firm defending itself. The firm did so, but also decided that it was important to its own defense to ensure that the investigator was represented in both lawsuits. Therefore, it paid for separate counsel for the investigator in both lawsuits. A dispute then arose between the firm and the insurer as to whether the insurer was obligated to pay for the investigator's separate defense.
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 Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.