IT is Dead; Long Live IT
There is an irony to IT in law firms: Firms spend so much time on issues like IT infrastructure and upgrade projects that they spend too little time using technology to improve how lawyers work. Law firms cannot achieve real value from their technology investments until they change this model.
Texas Legislature Passes Certificate of Title Bill Negating Effect of Clark Contracting Decision
On June 19 of this year, Texas Governor Rick Perry signed into law Senate Bill 1592, S.B.1592, 81st Leg., Reg. Sess. (Tex. 2009) ("SB1592"), bringing an end to an intensive five-month effort to negate the broader effects of a decision handed down by a bankruptcy court in the Western District of Texas in late 2008 relating to the perfected status of a lender on a loan purportedly secured by six equipment trucks.
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Case Briefs
Highlights of the latest insurance cases from around the country.
Insurance Coverage for Trademark Infringement Lawsuits
Standard liability insurance policies contain, in addition to the well-known bodily injury and property damage coverages, an often-forgotten section known as "advertising injury," which affords coverage that too many companies overlook.
Overlapping Coverage, Divergent Case Law
Overlapping insurance coverage raises complicated issues for insurers, insureds, and the courts. This article discusses certain tensions among New York cases discussing "other insurance" in the duty to defend context, as brought to the fore by two recent decisions of the First Department of the New York Supreme Court, Appellate Division.
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Insurers' Bad Faith Refusals
The Supreme Court of Georgia recently held in <i>Trinity Outdoor, LLC v. Central Mut. Ins. Co.</i> that an insured for which the insurer is providing a defense does not have a claim for an alleged bad faith failure to settle prior to the entry of an excess judgment.
Massachusetts Court Adopts Pro Rata Liability Allocation
In what can only be described as a major victory for insurers, the Massachusetts Supreme Judicial Court ' the state's highest court ' responded to certified questions from the United States Court of Appeals for the First Circuit by rejecting a joint and several (also known as "all sums") approach to liability allocation for progressive injuries, and instead adopting a <i>pro rata</i> method of liability allocation.
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News Briefs
Highlights of the latest franchising news from around the country.
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- Major Differences In UK, U.S. Copyright LawsThis 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.Read More ›
- The Article 8 Opt InThe 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.Read More ›
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- The Anti-Assignment Override ProvisionsUCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?Read More ›
- The Stranger to the Deed RuleIn 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.Read More ›