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Case Briefs
Insurer May Disclaim Coverage Years After Commencement of Underlying Litigation
According to a recent decision by the New York Supreme Court, Appellate Division, an insurer is not necessarily equitably estopped from disclaiming coverage to an insured ' even years after the commencement of underlying litigation ' so long as the insured was not prejudiced by the delay. In 206-208 Main Street Associates, Inc. v. Arch Insurance Company, 2013 WL 1831452 (N.Y. App. Div. May 2, 2013), the plaintiff, doing business as Sutphin Blvd., LLC (“Sutphin”), hired H&H Builders, Inc. (“H&H”) to act as construction manager on a project to construct an office and retail building. H&H procured a CGL insurance policy from defendant Arch naming Sutphin as an additional insured.
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.
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.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?