Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Case Briefs
'Intentional' Conduct Can Constitute a Covered 'Accident'
In Legacy Partners v. Clarendon American Insurance Co., a Southern District of California judge addressed a motion to dismiss filed by Clarendon with respect to Legacy Partners' breach of contract and bad faith claims against Clarendon. The underlying action involved construction defect litigation against Legacy Partners. In that litigation, the underlying plaintiff alleged that Legacy Partners among others “(1) trespassed upon [plaintiff's] property in order to make repairs to a retaining wall; (2) constructed subterranean tie-backs using Wellington's property without permission; (3) failed to exercise reasonable care and skill in performing construction work on [plaintiff's] property; (4) failed to exercise reasonable care and skill in determining the need for repair to the retaining wall; (5) caused damage by placement of heavy construction equipment and materials on the [plaintiff's] property; and (6) negligently removed storm and pollution work that [plaintiff] had completed as part of its development of the property.” Legacy Partners sought coverage from Clarendon for the underlying litigation. Clarendon denied coverage, based in significant part, upon its claim that the lawsuit did not involve any allegations of an “occurrence” as that term was used in its policy issued to Legacy Partners. Thus, Legacy Partners filed suit alleging, in part, breach of contract and bad faith.
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.