Standards for Determination of Causation in Appraisal
An appraisal provision is a common feature of first-party property insurance policies, designed principally to efficiently resolve disputes over the amount of loss or replacement cost for a covered claim. However, disputes over what constitutes an appropriate topic for appraisal can negate the efficiencies that might otherwise be gained.
Features
Texas Takes the Lead on Notice Disputes Under Claims-Made Liability Policies
The Texas Supreme Court literally took the notice "bull by the horns" and issued two groundbreaking decisions. As a result, under Texas law, an insurer must now show prejudice to deny payment on a claims-made policy, or a claims-made and reported policy, when the carrier's denial is based upon the insured's alleged breach of a policy's prompt-notice provision and notice is provided within the policy's coverage period (or any contracted-for extended reporting period).
Failure to Heed IP in China Can Be Costly
Chinese companies are increasingly becoming aware of IP matters and are realizing the power of protecting IP through filing at the SIPO and foreign jurisdictions.
Features
Has the Recession Hit the PTO?
One would think at first glance that the 2008/2009 global recession has also affected the U.S. Patent and Trademark Office. However, based on patent application filings made through June 30, 2009, this does not appear to be the case.
Obtaining and Using Opinions of Counsel
In the high-stakes world of U.S. patent litigation, an opinion of counsel can be a useful weapon for defending against claims of patent infringement. This article presents practical tips regarding obtaining and using opinions of counsel under U.S. patent law.
Risks and Rewards of Using Re-examination As a Strategy in Patent Litigation
While there are aspects of re-examination that can greatly benefit both the patent owner and the accused infringer, there are also significant risks that must be considered before pulling the trigger on re-examination.
Features
Partnership in Troubled Economic Times
It is vitally important that partners examine the culture of their firm before making "blanket" modifications to the partnership structure/admission practices simply to satisfy the current, and perhaps short-term, economic issues.
Is the Hourly Rate Dead?
Beyond the daily headlines of layoffs and reductions in force, the current Recession/"Depression" has made another impact on the legal profession: raising more questions about the viability of the billable hour.
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