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Insurance Coverage for Silica Claims
While continuing to fight the decades-old battle with asbestos, corporate policyholders increasingly are confronting another substance that plaintiffs allege can cause serious injury if inhaled: silica ' a common mineral found in sand, granite and concrete, among other materials.
Silica claims are soaring. Roughly 30,000 silica claims reportedly are pending nationwide. While this number pales in comparison with the more than 700,000 reportedly pending asbestos claims, it nonetheless is substantial, particularly since there were only a few thousand silica claims pending in 2002 ' representing an approximate 900% increase. In addition to increasing in number, silica claims, once generally limited to plaintiff-friendly jurisdictions, such as Texas and Mississippi, are progressively geographically dispersed. And, like asbestos claims, silica claims can prove very costly.
Faced with increasing exposure, corporate policyholders that have or may receive silica-related claims should consider the potential for insurance coverage that may be available to respond ' and should realize and maximize the full benefit of their insurance policies.
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.