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Intellectual Property Coverage Under CGL Policies
It is well known that intellectual property litigation is expensive, time-consuming, and complicated to defend. It frequently involves numerous experts with specialized scientific knowledge, damages experts, and market surveys of potential customers. Although some insurers offer specialty intellectual property insurance policies, in practice, such insurance is rare amongst most businesses, which often do not consider the need for such insurance until after they have been sued. Moreover, insurers often limit coverage under these types of policies to intellectual property assets that can be proven to have first been thoroughly researched and cleared through intellectual property counsel. Without an intellectual property insurance policy, many businesses that find themselves sued for intellectual property infringement will instead turn to their Commercial General Liability (“CGL”) insurers for possible coverage ' often with mixed results.
Most standard CGL policies cover “bodily injury,” “property damage,” or “personal and advertising injury,” as those terms are defined in the policies. Intellectual property claims, to the extent they are covered at all, typically fall under the “advertising injury” provision of such policies. Once triggered, the insurer will owe a duty to defend and indemnify the insured in lawsuits arising from the advertisement of the policyholder's products and services. The insurer's duty to defend involves hiring competent intellectual property counsel, as the policyholder is likely to have a strong argument that its insurer has failed to satisfy its duty to defend if the insurer hires counsel with no intellectual property experience.
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.