Delaware Bankruptcy Court Denies Multi-Party Setoff
<i>In re SemCrude, L.P.</i> is a departure from the long-standing assumption that a multi-party netting agreement among affiliates would be upheld in bankruptcy if enforceable under applicable non-bankruptcy law. This article provides an analysis of the decision, the procedural status and its potential impact, and recommendations for minimizing the potential negative implications.
Case Briefs
Highlights of the latest insurance cases from around the country.
CA's 'Genuine Dispute' Doctrine
This article provides a historical overview of California's "genuine dispute" doctrine, a summary of the general principles applicable under the doctrine, and a discussion of the recent legal developments in the doctrine.
Spoiled Rotten: Courts Are Split on Coverage for Contaminated Foods and Products
In a series of recent cases addressing coverage for contaminated foods and similar losses, jurisdictions have split on the availability of insurance. Courts excluding coverage have relied on language traditionally used to exclude business and product-related losses, including the "your product" and "impaired property" exclusions. Other courts have rejected the application of these exclusions if it is unclear that the damage was to the insured's product and if the cause of the damage is not inherent in the product itself.
Features
A 'Not So' Full Defense
Insurers take deductions from defense bills or delay payment of these bills far too frequently. Insurers engage in these tactics with many policyholders, but few actually challenge the insurer's conduct. There are, however, ways to challenge these tactics.
IP News
Highlights of the latest intellectual property news from around the country.
In re Swanson: Reaffirming a Substantially Old Question
<b>In re Swanson</b> will likely have the effect of encouraging even more third-party ex parte re-examination requests, while only discouraging an applicant's incentive to perform a patent search to provide the best art to the PTO.
Veoh: Increased Protection for Service Providers, Or a Trapdoor?
The August 2008 ruling in <i>Io Group, Inc. v. Veoh Networks, Inc.</i>, has been widely heralded as a win for online service providers in the legal maelstrom surrounding social media.
Gripe Sites: Sue or Stew
Gripe sites are Web sites whose purpose is to complain, criticize, and revile businesses or other institutions. So, what to do.
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- 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 ›
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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 ›
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