Commercial Law & Contracts, Intellectual Property, Insurance

Commercial General Liability Policies and the Risk of "Intangible" Losses

by Geoffrey B. Fehling | McNees Wallace & Nurick LLC on 4/18/2013

Commercial general liability (CGL) policies are designed to protect policyholders against bodily injury and property damage. “Property damage” requires physical damage to tangible property or a loss of use of tangible...more

2013 Update on Chapter 93A

by Mike Gilleran | Adler Pollock & Sheehan P.C. on 3/12/2013

1. Standard governing liability under 93A - Higher standard applies for business plaintiffs – More decisions confirm that a business plaintiff must make a higher showing of defendant wrongdoing in order to prevail...more

You're Getting Sued For What? An E&O Odyssey (Pt 10)

by Bob Tarantino | Heenan Blaikie LLP on 3/7/2013

This post is part of an occasional series highlighting the type of risks which film and TV producers face and which are supposed to be covered by E&O insurance. The series aims to demonstrate that what might seem to a...more

BLG Monthly Update for Feb. 2013

by Neil Guthrie on 2/28/2013

Workers' comp for sex on the job, tattoos in the workplace, neat contracts cases: all this and more in the BLG Monthly Update for Feb. 2013...more

General Liability Policies May Cover Antitrust, Patent and Other Business Litigation - Part 2

by John Green | Farella Braun + Martel LLP on 2/13/2013

In a prior post, we explained how a general liability policy may cover antitrust, patent, trade secret and other business litigation claims, if there are allegations that insured made negative comments about the other party’s...more

Speaking Of . . . Insurance Coverage - Is There Coverage For Alleged “Disparagement” Of Another Company’s Product? One California...

by Walter Judge | Downs Rachlin Martin PLLC on 2/4/2013

We previously discussed the troubling issues of: a) whether your company’s insurance policy(ies) actually provides coverage for claims of IP infringement, and b) which of your policies is the one(s) you should be looking to...more

Insurance Coverage: January 2013

by Low, Ball & Lynch on 1/11/2013

There were no significant decisions of the Supreme Court related to coverage this past quarter. The Courts of Appeal have provided us with several more decisions on contribution and subrogation. The following are brief...more

Media Law Bulletin -- November 2012: Insurance Carrier Not Entitled to Reimbursement of Fees in Bratz Doll Dispute

by Sedgwick LLP on 11/16/2012

The long-running dispute between Mattel, Inc. and MGA Entertainment, Inc. over the ownership of the wildly successful Bratz doll line may be over, but the ensuing insurance coverage litigation continues. On October 12, 2012,...more

Top 10 Business Litigation Mistakes

by Peter Bauman - Senior Associate at Tharpe &... on 11/13/2012

Litigation is an unfortunate necessity of business life. Sometimes, no matter how hard you try, it cannot be avoided. Owners and executives have more pressing things to do, but litigation sometimes is the only course, or the...more

California Court of Appeal Holds No “Advertising Injury” Coverage for Product That Is Neither Mentioned Nor Disparaged in...

by Jamison R. Narbaitz | Sedgwick LLP on 11/12/2012

In Hartford Casualty Ins. Co. v. Swift Distribution, Inc., __ Cal.Rptr.3rd __, 2012 WL 5306248 (Cal. Ct. App. Oct. 29, 2012), the California Court of Appeal held that the “advertising injury” coverage in a CGL policy does not...more

IP Buzz - August 2012

by Venable LLP on 8/28/2012

In this issue: - USPTO Issues Rules Implementing America Invents Act - The $60 Million iPad Trademark Lesson Applies to All Brands - Patent Insurance – It's Not Just for Defendants Anymore - Lights!...more

Patent Insurance – It's Not Just for Defendants Anymore

by Venable LLP on 8/21/2012

When purchasing insurance, an insurance-buyer generally seeks to protect him or herself against potential liabilities or risks of loss. For example, many companies will purchase patent liability insurance to offset the costs...more

Ten Legal Mistakes Emerging Companies Make - June 20, 2012

by Wendel, Rosen, Black & Dean LLP on 7/5/2012

The attorneys of Wendel Rosen’s Technology Practice Group have compiled this list of 10 common mistakes they’ve seen in the trenches. Smart companies will take the time to address these issues early in formation to prevent a...more

IP Claim Coverage: Are You (And Your Broker) Looking At The Wrong Policy?

by Downs Rachlin Martin PLLC on 6/19/2012

If you have been sued on an intellectual property claim, many people, including your insurance broker, may assume that the insurance policy that might protect you against IP claims is your current policy. Think again! ...more

'Looney' Copyright Claim Covered: Fifth Circuit Holds Breach of Contract Exclusion Doesn't Bar Liability Insurance Coverage

by Sedgwick LLP on 5/16/2012

When Looney Ricks Kiss Architects, Inc. (Looney) created an architectural design known as the Island Park Apartments in 1996, it probably wasn't thinking of insurance coverage law. But, it appears likely that Looney's...more

Do Your Vendors Have the Right Insurance to Pay for the Damages They May Cause to Your Business?

by Pierce Atwood LLP on 5/14/2012

When you enter into a contract with a vendor, you generally impose insurance requirements on the vendor and an indemnification obligation. But consider whether your current contracts have insurance requirements that would...more

IP Liability Insurance: Do You Have the Protection You Think You Have?

by Downs Rachlin Martin PLLC on 5/9/2012

Given the risks and costs of intellectual property (IP) infringement claims (even when your company isn’t found liable), most companies ideally want coverage of perceived infringement of the products they sell or the services...more

2nd Circuit Holds No Duty to Defend Intellectual Property Claim

by Traub Lieberman Straus & Shrewsberry LLP on 4/19/2012

In its recent decision titled Feldman Law Group v. Liberty Mut. Ins. Co., 2012 U.S. App. LEXIS 7787 (2d Cir. Apr. 18, 2012), the United States Court of Appeals for the Second Circuit, applying Pennsylvania law, had occasion...more

Negotiating the New World of Cyber Insurance

by Pillsbury Winthrop Shaw Pittman LLP on 3/30/2012

Businesses today have complex, carefully-designed insurance plans to protect against physical property loss, environmental damage, defective products and other risks. Much of a company's value, though, is now tied up in its...more

You're Getting Sued for What? An E&O Odyssey (Pt 5)

by Heenan Blaikie LLP on 1/11/2012

This post is part of an occasional series highlighting the type of risks which film and TV producers face and which are supposed to be covered by E&O insurance, and which aims to demonstrate that what might seem to a producer...more

Intellectual Property Alert: Federal Appeals Court Requires Insurers to Defend Patent Infringement Suit Under Standard Commercial...

by Foley Hoag LLP on 10/25/2011

Insurance companies consistently assert that Commercial General Liability (“CGL”) insurance, routinely purchased by most businesses, provides no coverage for patent infringement lawsuits. An October 17, 2011 decision of a...more

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Commercial Law & Contracts › Intellectual Property › Insurance