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Recent case law on subrogation supports the notion that in the appropriate circumstances, third parties that pay a policyholder's loss are themselves subrogated to the policyholder's rights against the insurance company for coverage.
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
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).
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
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.
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.
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
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.
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.
Features
When a Pension is addressing its liabilities and assets, it is important that it present a simple, straightforward way to fund for the future for its participants in a meaningful and effective manner. The volatility of the markets since 2007 has increased demands on the Pensions, as an uneasy balance of influences and the Pension Protection Act of 2006 have required increasing funding levels to meet mandated levels.
