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Case Briefs
CA Supreme Court Finds Exception to Foster-Gardner Rule
The Supreme Court of California, applying California law, held in Ameron International Corp. v. Insurance Co. of the State of Pennsylvania, No. S153852 (Cal. Nov. 18, 2010), that an administrative adjudicative proceeding before the former U.S. Department of Interior Board of Contract Appeals is a “suit” for purposes of coverage under a commercial general liability policy. The Supreme Court held that the rule espoused in Foster-Gardner, Inc. v. National Union Fire Insurance Co., 959 P.2d 265 (Cal. 1998), did not apply on the facts in this case. The Supreme Court made clear, however, that Foster-Gardner will “continue to apply to actions involving pollution remediation orders, or any matters that involve threats to take legal action only, rather than to 'suits.'” Between 1975 and 1980, the policyholder manufactured concrete siphons for use in the Central Arizona Project aqueduct system. The Department of the Interior discovered defects in the siphons in 1990, and in 1995 its contracting officer issued a decision seeking approximately $40 million in damages from the policyholder. The policyholder appealed the contracting officer's decision to the Department of Interior Board of Contract Appeals (“IBCA”). After 22 days of proceedings, the policyholder settled with the government for $10 million. When the insurers denied coverage for defense costs and indemnification, the policyholder filed suit.
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.