Intellectual Property General Business Insurance

Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
News & Analysis as of

Prior Publication Precludes Coverage for Advertising Injury

In Street Surfing, LLC v. Great American E&S Ins. Co., 752 F.3d 853 (9th Cir. 2014), the court held that the prior publication exclusion precluded coverage to Street Surfing, LLC (“Street Surfing”) for an underlying lawsuit...more

Denying Coverage Based on Advertising Injury, Court Finds Corporations are Not Persons

A New York appellate court recently found that a corporation is not the kind of "person" that can suffer a violation of privacy rights for purposes of advertising injury coverage. In Sportsfield Specialties, Inc. v. Twin City...more

At the Crossroads - Brand integration deals involve copyright, trademark, and insurance considerations

At the crossroads of Hollywood Boulevard and Madison Avenue, a variety of legal and business issues must be considered and addressed in order to set the stage for a successful brand integration deal. In the historical...more

Insurance Recovery Law - July 2014

Second Circuit: Insurer Must Defend Where Factual Allegations Create a Possibility of Coverage - Why it matters: In a recent pro-policyholder decision, the Second Circuit, applying New York law, reminded...more

California Supreme Court Refines the Tort of Commercial Disparagement

On June 12, 2014, the California Supreme Court issued its decision in the closely watched case of Hartford Casualty Insurance v. Swift Distribution, Inc., S207172. I reported on the Court of Appeals decision last year on...more

Policyholder Observer

Encryption Flaw "Heartbleed" Creates Data Risk: How Insurance Can Stanch the Bleeding - In early April, news broke of an encryption flaw named “Heartbleed” that exposed companies to data breaches for over two and one...more

California Supreme Court Addresses Coverage for Product Disparagement

In its recent decision in Hartford Casualty Insurance Company v. Swift Distribution, Inc., 2014 Cal. LEXIS 3765 (Cal. June 12, 2014), the California Supreme Court had occasion to consider the type of statements that qualify...more

Rising up from the Trenches: Ninth Circuit Broadly Interprets Breach of Contract Exclusion in Trademark Infringement Case

On May 23, 2014, the Ninth Circuit upheld a California district court decision that broadly interpreted the breach of contract exclusion in a commercial general liability policy to preclude coverage for all personal and...more

Business Litigation Report -- April 2014

In This Issue: -- Main Article: DOJ’s Use of Expansive Legal Theories Broaden FCPA Jurisdiction -- Noted With Interest: Proposed Amendments to the Federal Rules Aim to Lessen Burden of Discovery --...more

Florida Court Holds Insurer Not Estopped From Denying Pre-Tender Costs

In its recent decision in Embroidme.Com, Inc. v. Travelers Prop. Cas. Co. of Am., 2014 U.S. Dist. LEXIS 7715 (S.D. Fla. Jan. 23, 2014), the United States District Court for the Southern District of Florida had occasion to...more

Insurance Coverage for IP Claims: 2013’s Coverage Hits

As policyholders look back at the insurance coverage landscape of 2013, a major take away point is that the courts continue to debunk the myth that there is no coverage for intellectual property claims under the advertising...more

Here's One Good Way to Anticipate Top Business & Legal Trends in 2014

If the past is prologue, what better way to consider the interests, needs, and concerns of business leaders and consumers in the new year than to look at what captured their attention in 2013? And so...more

Help Clients Insure Against Cyberattacks

The constant threat of cyberattacks presents many and varying challenges for businesses. Insurance provides one way to deal with them....more

Second Circuit Holds Insurer Has Duty to Defend but Not Indemnify, Due to Legal Uncertainty about Coverage at Time of Tender

The Second Circuit recently held that an insurer owed a duty to defend under the “advertising injury” section of a commercial general liability (CGL) policy because sufficient legal uncertainty about the policy’s definition...more

Preparation Counts: Two Courts Reaffirm the Benefit of Identifying and Taking Steps to Protect Trade Secrets

Two recent decisions emphasize yet again the value of defining and taking steps to protect a company’s trade secrets. On May 16, 2013, Judge England issued a preliminary injunction in Farmers Insurance Exchange v....more

Software Licenses and Indemnities: What Obligations Are You Taking On?

License agreements often contain indemnities. An indemnity is a contractual obligation to step in and reimburse some financial obligation such as a liability, loss, or damage. In essence, the party giving the indemnity will...more

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

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

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

BLG Monthly Update for Feb. 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

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...

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

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

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

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...

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

43 Results
|
View per page
Page: of 2

Follow Intellectual Property Updates on: