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The Duty to Defend and Indemnify the Ghosts of Mississippi
The U.S. District Court for the Southern District of Mississippi recently addressed whether an insurer's duty to defend and indemnify its insured under a claims-made policy for law enforcement wrongful actions covers allegations arising from the murder of two teenagers during civil rights unrest in 1964; the primary issues involved coverage in the presence of both covered and uncovered claims and the application of the known-loss exclusion. See National Casualty Company v. Franklin County, Mississippi, 2010 WL 1780197 (S.D. Miss., Apr. 29, 2010).
The County sought coverage for an action brought against it more than 40 years after two Franklin County, MS teenagers, Charles Moore and Henry Dee, were “kidnapped, beaten and murdered by members of the White Knights of the Ku Klux Klan.” 2010 WL 1780197 (S.D. Miss., Apr. 29, 2010). In 1964, two men were arrested and charged in connection with the crimes, but the charges were dismissed because of a “lack of evidence.” Id. For more than 40 years no one was prosecuted and convicted. In 2007, a federal grand jury indicted one of the two men originally accused of the abduction and murders. The other man charged in 1964 cooperated with the federal prosecutors, leading to a conviction and sentencing of the indicted man on all counts. Id. at *2.
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.
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.
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.
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.