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Texas Asbestos Reform: The New Quantitative Standard
Asbestos litigation has a storied history in this country. Many companies, large and small, have been forced into bankruptcy or have had nearly all their resources drained by years of asbestos litigation. For the last two decades, plaintiffs have been able to achieve large awards, either through verdicts or settlements, based on questionable injuries, minimal proof, and vague evidence. Although some attorneys are predicting that the large number of cases is starting to diminish because American companies generally stopped using most asbestos products in the 1970s, the caseload for many companies remains large.
Because of the devastating impact asbestos litigation has had on U.S. companies, courts and legislatures have finally begun to retake control of asbestos litigation. On June 8, 2007, the Texas Supreme Court issued its opinion in Borg-Warner Corporation v. Flores, marking the latest step in Texas' transition away from easy asbestos verdicts for plaintiffs. Borg-Warner Corp. v. Flores, 2007 WL 1650574 (Tex. June 8, 2007) ('Flores'). Flores is only the latest in a number of legislative actions and court decisions aimed at reforming Texas' asbestos litigation.
Legislative Reform
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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 Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?