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Case Briefs
Buss Stop: Illinois Refuses Insurers' Recovery of Defense Costs
On March 24, 2005, the Illinois Supreme Court reversed the decisions of the lower courts and held that an insurer cannot recoup defense costs after a court finds there is no coverage for the claim. General Agents Ins. Co. of Am., Inc. v. Midwest Sporting Goods Co., __ N.E.2d __, No. 98814, 2005 WL 674685 (Ill. Mar. 24, 2005). The court acknowledged its opinion followed the “minority view,” also adopted by Wyoming, Hawaii, Texas, Pennsylvania and Missouri. California, in the seminal case of Buss v. Superior Court, 16 Cal.4th 35, 939 P.2d 766, 65 Cal. Rptr. 366 (1997), along with Florida, Colorado, Minnesota, Louisiana and Ohio, follow the “majority” position. The stated majority holds that insurers can recoup defense costs when the insurer did not have a duty to defend, the insurer timely and expressly reserved its rights to recover defense costs, and the policyholder has not objected thereto or has accepted the payment for defense costs. Id. at *11.
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.
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.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.