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Insurance Coverage For Patent Infringement Claims
Courts across the country, and particularly in California, have long been reluctant to construe standard commercial general liability (“CGL”) insurance policies to provide coverage for patent infringement lawsuits. However, the Ninth Circuit's recent decision in Hyundai Motor v. Nat. Union Fire Ins., ___ F.3d ___ , 2010 WL 1268234 (9th Cir. 2010), suggests that, at least when the patented invention is itself a method of advertising, an insurer will owe a duty to defend a patent infringement lawsuit under the “advertising injury” provisions of many standard CGL policies. This development is particularly significant for two reasons. First, the court found that the duty to defend arose out of language that appears in many standard liability insurance policy forms, especially at the excess layers. Second, it interpreted the policy under the law of California, which often serves as the leader in significant developments nationwide in insurance coverage litigation.
Advertising Injury Coverage
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.