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Climate Change: D&O Issues for Policyholders
In boardrooms across the country, directors and officers are developing strategies to address the business impact of climate change and the potential financial impact of current and future greenhouse gas ('GHG') regulation. Among the challenges they face are how to address disclosure obligations related to these financial risks and how to maximize potential insurance coverage under directors' and officers' liability insurance policies should climate-related claims be asserted.
Disclosure Concerns
Several significant developments evidence the increase in investor interest in climate change risks. Since its inception in 2003, the Investor Network on Climate Risk ('INCR') has facilitated investor involvement in initiatives designed to encourage corporate disclosure about the business risks associated with climate change. See Investor Network on Climate Risk ' About INCR, www.incr.com (last visited Nov. 12, 2007). These efforts include calling on Congress to enact federal legislation regulating GHG emissions and publishing research reports to help investors understand the financial impact of global warming.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?