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Book Review
It's exciting to find something entirely new and innovative. That's how I feel about the treatise by Richard Jacobs, Lorelie Masters and Paul Stanley, “Liability Insurance in International Arbitration ' The Bermuda Form.”
Thorn Rosenthal of New York's Cahill Gordon & Reindel firm was commissioned to draft a policy in the mid-1980s for Marsh & McLennan, to be used by policyholder-sponsored insurance companies that had been formed for the purpose of increasing capacity in the catastrophic excess casualty market. The policy form Rosenthal created became known as the Bermuda Form. It was the insurance industry's first occurrence-reported general liability form, combining elements of occurrence, accident and claims-made forms. The treatise sets forth in detail the legal and economic forces that stimulated the development of the occurrence-reported form, concluding:
The 'Bermuda Form' policy, as originally drafted and issued by ACE, is properly to be regarded as a balanced policy form, aiming to hold the ring fairly between the interests of policyholders and the interests of investors, as the same industrial corporations were in both roles. Id. at 14, section 1.19.
This treatise is the first comprehensive published analysis of the Bermuda Form, and therefore fills an important void in the literature. The authors have pioneered into an untrodden region.
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.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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.
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.
When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."