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Case Notes
Fourth Circuit Finds GCL Insurer Owed Duty to Defend Cyber-Related Claims
The United States Court of Appeals for the Fourth Circuit, in an unpublished opinion, has affirmed a lower court ruling holding that an insurer's duty to defend was triggered under Coverage B of a general liability insurance policy by allegations that a policyholder was responsible for private health information appearing on a publicly accessible website. Travelers Indem. Co. v. Portal Healthcare Solutions LLC, 14-1944 (4th Cir. Apr. 11, 2016).
The policyholder, a company that electronically stored and maintained patients' confidential medical records, was sued in a class action lawsuit based on allegations that certain claimants were able to access their medical records in the policyholder's possession by conducting a Google search of their respective names and clicking on the first search result that came up. Specifically, the claimants alleged that their medical records were accessible, viewable, copyable, printable, and downloadable from the Internet by unauthorized persons and without security restriction for a period of nearly five months. The policyholder sought coverage under two consecutive commercial general liability policies that it had been issued, and a coverage action soon followed. The policies at issue provided specified Coverage B insurance coverage for “electronic publication of material that” “gives unreasonable publicity to” or “discloses information about” “a person's private life.”
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.
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.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.