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Coverage for Communications Costs
Seasoned lawyers and communications professionals know that strategic public communications can play a key role in helping to minimize potential liability. In complex litigation, public perceptions of the parties and the facts can have a significant effect on the ultimate size of the defendant's liability. For example, an early and compelling public recitation of facts favorable to the defense may dissuade some potential plaintiffs from joining the litigation. Similarly, in cases in which a government agency must approve a proposed settlement, public support for the settlement can help resolve the case. These examples of a multifaceted defense effort represent just a few of the circumstances in which public communications can serve as an important adjunct to the legal case being litigated in court.
When faced with potential liability, policyholders look to their insurance coverage to cover the costs of their defense, which might include public relations or crisis communications costs. Despite the usefulness of public relations in managing a potential liability and the absence of policy language specifically excluding such costs, insurers often take the position that communications costs are not included within the scope of defense costs covered under a standard-form general liability policy. Insureds facing such a denial may choose to push back, relying on analogous case law to argue that such costs should be covered. Insurers also have seen the market opportunity created for them by strategic communications and are increasingly offering “crisis management” coverage for companies concerned about mitigating interrelated public relations crises and liability risks under certain types of coverage, such as management liability, product contamination and cyber liability policies.
Commercial General Liability Policies
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.
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.
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.
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?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.