Features
Case Briefs
Highlights of the latest insurance cases from around the country.
Features
The 'New' Willful Blindness Doctrine After Global-Tech
In <i>Global-Tech Appliances, Inc. v. SEB S.A.</i>, the Supreme Court expressly approved of the "willful blindness" tool for the first time. But in doing so, it framed the doctrine in a way that provided some much-needed limitations.
Features
Insurance Coverage for the 2011 Thailand Floods
Policyholders adversely impacted by the 2011 Thailand floods should focus on their insurance coverage promptly so that no rights or remedies are potentially compromised.
When Does a 'Claim' Arise for Purposes of an Employment Practices Liability Insurance Policy?
This article analyzes different trends in the law concerning what constitutes a "claim" for purposes of an employment practices liability insurance policy.
News Briefs
Highlights of the latest franchising news from around the country.
'Ban the Box' Legislation
While the policy considerations behind "Ban the Box" legislation should be lauded, the reality is that this type of legislation can unintentionally create impossible hiring decisions and pose huge legal risks for employers.
Bankruptcy Filing May Not Prevent Enforcement of Non-Compete Against Franchisee
A U.S. district court recently held that a bankruptcy court abused its discretion in denying a franchisor's motion for relief from the U.S. Bankruptcy Code's automatic stay when the franchisee's bankruptcy petition was filed after the franchisor had previously filed litigation against the franchisee to enforce a covenant not to compete.
Equipment Leasing in 2012
As we enter 2012, the hyper-competitive nature of municipal lease financing, paired with borrowers' significant financial challenges, demands creative thinking and savvy leadership from lenders as well as borrowers.
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- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›
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- Attachment and Perfection of Security InterestsThis article addresses common attachment and perfection problems raised in recent cases, and provides suggestions on how secured parties can avoid these pitfalls.Read More ›
- Reining in the Inequitable Conduct DefenseResponding to views from the U.S. Patent and Trademark Office and elsewhere about the unintended consequences of the current inequitable conduct doctrine, a divided <i>en banc</i> Federal Circuit decision issued on May 25, 2011 adjusted the standard of the materiality element to make this defense harder to establish.Read More ›