Non-Debtor Insurance in Asbestos Bankruptcies: What Is the Future?
April 28, 2005
In the few short years since <i>Fuller-Austin</i> was decided, the use of "prepack" bankruptcies has become a favored approach to resolving asbestos liabilities, often with the threat of a "<i>Fuller-Austin</i> result" as a hammer over the insurers asked to pick up the tab. Here's the drill: A policyholder uses section 524(g) of the Bankruptcy Code to channel its present and future asbestos liabilities to a trust; under policyholder's reorganization plan, the trust is funded in significant part with insurance rights; the insurers cannot object to the plan because it is said not to affect their interests; yet plan confirmation triggers coverage for the entire liability in an amount (often a nine or 10 digit amount) to be determined at a later date. <i>See Fuller-Austin Insulation Co.</i>, 2002 WL 31005090 (Cal. Sup. Ct. Aug. 6, 2002) (appeal pending). The pressure this <i>Fuller-Austin</i> play puts on insurers leads many to settle their coverage obligations ' often a rational response to a high-stakes game in which insurers have few sources of leverage.
Spammers Should Know Their Source
April 28, 2005
Spam is a cost effective and lawful marketing tool. A spammer can send an e-mail advertisement to one million people at a cost of only $100. The CAN-SPAM Act of 2003 allows the use of unsolicited commercial e-mail. However, to avoid legal difficulties, those who use spam should consider doing more. In particular, it is highly advisable to establish an appropriate chain of title for target list databases they acquire.
Cable Spars Over Fast Internet Before U.S. Supreme Court
April 28, 2005
The U.S. cable industry and the government fought Internet service providers before the Supreme Court last month over whether cable high-speed Internet lines must be opened to rival Internet providers. <br>At issue is an appeals court decision last year that said cable high-speed Internet service, known as broadband, has a telecommunications component and therefore is subject to traditional telephone network access requirements.
Stakes Rise As U.S. Supreme Court Hears Downloading Showdown
April 28, 2005
The Supreme Court appeared wary on March 29th of punishing peer-to-peer downloading services like Grokster for copyright violation, in spite of arguments by a lawyer for the recording and movie industries that they amount to "a gigantic infringement machine." <br>An hour of spirited oral arguments in the case <i>MGM Studios Inc. v. Grokster Ltd.</i>, played out before a courtroom packed with intellectual property lawyers and entertainment industry representatives.
Music Group To Sue Students Over Internet2 Downloads
April 28, 2005
The super-fast "Internet2" network that connects universities researching the next-generation Internet has found new followers in college students who download pirated music and movies. <br>Entertainment groups said last month they intend to sue hundreds of students accused of illegally distributing copyrighted songs and films across college campuses using the private research network, which boasts speeds hundreds of times faster than the Internet.
Online Gambling Boom Comes With Tangle of Lawsuits
April 28, 2005
The booming world of online gambling has dealt lawyers a messy hand of legal challenges, spawning a host of lawsuits that target an industry poised to make nearly $10 billion this year ' up 40% from last year. <br>In California, a group of lawyers has filed a class action suit against a dozen search engines, including Yahoo and Google, for allegedly running ads that lead players to online gaming sites. The suit seeks to hold the search engines responsible for gambling losses.
Net News
April 28, 2005
Recent developments of note in the Internet industry. This month:<p>Music Industry Expands Piracy Lawsuits to Asia <br>Senators Eschew Historical Tax for Internet <br>Lawmakers Introduce Bill to Extend Internet Tax Ban<br>Congress Moving to Tackle Spyware Problem<br>Judge Sentences Spammer to 9 Years
The Leasing Hotline
April 28, 2005
Highlights of the latest commercial leasing cases from around the
Don't Forget the Boilerplate: Not All Standard Miscellaneous Provisions Are Standard
April 28, 2005
After extensively reviewing or drafting the "substantive" provisions of a lease, it is tempting to overlook the so-called "boilerplate" provisions usually found at the end of the lease. These provisions typically are placed innocuously in the "Miscellaneous" section of a lease, thereby furthering the impression that such provisions are standardized and of little importance. Such boilerplate provisions are not nearly as uniform and standard as one might think, however, and numerous differences can be found in Miscellaneous provisions depending on whether the lease is drafted on behalf of the landlord or the tenant. It is imperative, therefore, that the boilerplate provisions of a lease are carefully reviewed by both parties to ensure that such provisions accurately and completely set forth each party's understanding of the lease terms.
