Insurance Company Insolvencies: A Primer for Corporate Policy Holders
August 26, 2003
The past several years have seen some major property-casualty insurance companies on the ropes and worse, far worse. Home Indemnity Company and Legion Insurance Company, two notable insolvency casualties, have left their policyholders without the full protection paid for and required. Sadly, they pale in comparison to the train wreck that is Reliance Insurance Company. The demise of Reliance has had repercussions for insurance buyers and others all over. Once a fixture in the directors' and officers' ('D&O') liability insurance marketplace, among other insurance markets, Reliance is now well underway in the liquidation process, after a brief and unsuccessful attempt at 'rehabilitation.' The Reliance debacle has left policyholders scrambling to protect themselves while state insurance departments wrangle with one another in an attempt to snap up a share of the inadequate pool of assets left behind in the collapse of Reliance.
Cases in Court
August 26, 2003
Recent rulings of importance to your practice.
Congress vs 'Defensive Medicine'
August 26, 2003
Due to the rising cost of 'defensive medicine,' the U.S. House of Representatives recently passed legislation to limit or ban punitive damages in product liability lawsuits over injuries allegedly caused by FDA-approved products.
<b><i>Decision of Note</b></i> No Credit Needed For Public Domain Materials
August 26, 2003
In a major narrowing of the Lanham Act, the U.S. Supreme Court has ruled unanimously that the law allows the copying of public domain material without giving credit to its source. The 8-0 ruling in <i>Dastar Corp. v. 20th Century Fox Film Corp. </i> removes Lanham Act liability from parties that repackage facts or information that originated elsewhere. It could sweep away lawsuits often filed against major studios and publishers by authors and others who claim they were given insufficient credit for their contributions.
Bit Parts
August 25, 2003
Recent developments in entertainment law.
TVT vs. Def Jam Provides Tips On Evidence Use
August 25, 2003
On March 21, a Manhattan federal jury ruled that the Island Def Jam Music Group (IDJ) committed breach of contract, copyright infringement and fraud over TVT Records plans to release an album by hip-hop producer Irv Gotti featuring Ja Rule and his group Cash Murda Click (CMC). (TVT alleged that IDJ wrongfully prevented Gotti from delivering a CMC album for a November 2002 release date.
High Court Hands Fox Copyright Defeat
August 23, 2003
We offer the synopsis of the decision in the story below for readers who represent Web sites and other e-commerce enterprises that use public-domain material as content to drive sales, use it to market their products and/or Web sites or even sell public-domain material. The High Court's ruling allows use of unattributed public-domain material, lifting concerns that such unattributed use is actionable under the Lanham Act, which some authors and other artists have relied on to seek relief for repeated use of unattributed material, even though such material had entered the public domain.]
How To Ensure DTPA Compliance
August 23, 2003
Each state has incorporated a Deceptive Trade Practices Act (DTPA), but the acts aren't the same, with states tailoring their law to meet the needs of constituents and e-commerce activity within their jurisdiction.
