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The Allocated Share Set-Off Rule: New York Enters the Debate
Long-tail environmental and toxic tort claims have spawned decades of hard-fought insurance coverage litigation. As the litigation has matured, judges have been forced to fashion rules that allow the courts and litigants to navigate between the desire for coverage, the reality of insurance contract terms, the dictates of public policy, respect for precedent, and the requirement that judicial solutions be practical.
The “allocated share set-off rule” is an excellent example of the judiciary working through these conflicting goals. Stated generally, the rule provides that where numerous liability insurance policies are triggered by a “long-tail” loss or losses, and the insured settles with some, but not all, of its insurers, the non-settling insurers may set off any portion of the overall liability properly allocable to the settled insurers' policies. Critically, this right applies pre-payment, i.e., the non-settling insurers need not make payment and then attempt to recoup the amounts allocable to settled policies; instead, they may exercise their set-off right prior to any payment.
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.