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e-Discovery Costs and General Liability Coverage: Who Pays When the Rules Are Violated?
In today's litigation environment, particularly where lots of money is at stake, it seems that insurance coverage issues are always lurking in the background. These issues typically emerge where they are not expected and when there is no coverage in place to respond to the purported claim. See e.g., Port of Seattle v. Lexington Ins. Co., 48 P.3d 334 (Wash. Ct. App. 2002) (addressing and rejecting application of the 'sue and labor' clause in property policies to the recovery of expenses related to reprogramming computers in order to deal with the change to the Year 2000); GTE Corp. v. Allendale Mut. Ins. Co., 258 F.Supp.2d 364 (D.N.J. 2003) (same). See also Barry R. Ostrager & Thomas R. Newman, Handbook on Insurance Coverage Disputes '5.06[b] (12th ed. 2004).
Now come the new e-discovery amendments to the Federal Rules of Civil Procedure. See e.g., Fed. R. Civ. P. 16(b)(5) and (b)(6); 26(a)(1)(B), (b)(2)(B), (b)(5)(B), (f)(3), and (f)(4); 33(d); 34(a) and (b); 35; 37(f); and 45. What do these amendments have to do with general liability insurance coverage? After all, these amendments address the disclosure, preservation, and production of 'electronically stored information' in civil cases ' not substantive coverage law. But, it is not what the amendments procedurally mandate that implicates liability coverage. Instead, it's what happens when those procedures are violated.
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.
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.
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.