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Insurers' Response to Nanotech Suits
Insurers, policyholders, and the plaintiffs' tort bar anticipate that nanotechnology claims may soon be a serious source of potential liability even though no lawsuits have yet been filed and great uncertainty exists about the adverse effects, if any, of exposure to nanomaterials. See Connie Germano, Managing the Emerging Risks of Nanotechnology, John Liner Rev., Summer 2008, at 30; Linda K. Breggin & Leslie Carothers, Governing Uncertainty: The Nanotechnology Environmental, Health, and Safety Challenge, 31 Colum. J. Envtl. L. 285 (2006); Ronald C. Wernette, The Dawn of the Age of Nanotorts, Prod. Safety & Liab. Rep., Apr. 2009; Stephen Goldberg, Nanotechnology May Be Tiny, But Exposures Could Be Huge, P&C Nat'l Underwriter, Dec. 7, 2009. Many commentators have encouraged policyholders and insurers to take steps now to assess exposures and implement risk management controls. See, e.g., Kristine L. Roberts, Nanotechnology and the Future of Litigation, Litig. News, Winter 2010, at 6, 7-8; Lloyd's, Risks: Lloyd's Emerging Risk Team Report (2007).
The vacuum of information concerning risks posed by nanotechnology and nanomaterials makes risk management planning difficult, if not impossible. See Robin Fretwell Wilson, Symposium: How Do We Develop Regulatory Policy in the Context of Limited Knowledge About the Risks, 34 J.L. Med. & Ethics 704 (2006); Breggin, supra. This article addresses that gap and explores the insurance implications of the likely “first wave” of lawsuits ' suits arising out of exposure to nanomaterials in the absence of evidence of actual physical injury or harm. It explores three scenarios where plaintiffs are likely to be exposed to nanomaterials in the near future. Nanotech suits are likely to raise many of the same coverage questions that apply to more traditional and well-known liabilities, but the uncertainty regarding nanotechnology's potential for harm and its unique nature mean that past experiences (and judicial decisions) provide only limited guidance.
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.
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.
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.