News & Analysis as of

Intellectual Property Insurance

Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

Locked Out: Zillow’s Failure to Provide Insurer Timely Notice of DMCA Takedown Notice Precludes Coverage Under a Claims-Made...

by Dorsey & Whitney LLP on

Last month the United States District Court for the Western District of Washington held that a Digital Millennium Copyright Act (“DMCA”) Takedown Notice triggered a policyholder’s obligation to notify its claims-made insurer....more

Pre-Trial Proceedings Swirling in Latin America: Claim Resolution Facilitation or Additional Pre-Suit Condition

by Zelle LLP on

Pre-suit proceedings have become increasingly popular in Latin American jurisdictions. These proceedings economize on cost, time and resources making it a more attractive venue for resolving disputes. As a result, knowledge...more

Business Litigation Report - March 2017

Culture: Meeting Regulatory Expectations - Recent scandals in the corporate and financial spheres have served to highlight the importance of a strong and well-embedded institutional culture. It is difficult to pinpoint...more

Ninth Circuit: Excess Insurers Must Tread Carefully When Rejecting Demands Exceeding Primary Limits

by Cozen O'Connor on

Under California law, a liability insurer has a good faith duty to reasonably settle claims within its policy limits. In Diamond Heights Homeowners Association v. National American Insurance Co., the California Court of...more

7 Insurance Questions Every Startup Founder Should Ask Themselves

by JD Supra Perspectives on

Many startups will either forego or postpone buying insurance. But this is usually a mistake....more

Using Supplier Agreements as Patent Litigation Insurance

by Jackson Walker on

In a recent article written for Today’s General Counsel, patent attorney Wasif Qureshi discusses how customers can lessen risks when sued for patent infringement as a result of using technology obtained from a third party...more

CGL Coverage for False Advertising and Intellectual Property Claims: Sometimes It’s There, but You Need to Know Where to Look for...

A recent case in the Northern District of California offers two cautionary tales to policyholders. First, when buying insurance, companies should understand their risks and ensure that the policies they’re buying match those...more

The Supreme Court - December, 2016 #2

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in three cases today: Samsung Electronics Co. v. Apple Inc., No. 15-777: A jury found that smartphones manufactured by petitioner Samsung infringed respondent Apple...more

Ohio Court Holds Software Audit Demand Is a Claim Under D&O Policy

In its recent decision in Eighth Floor Promotions v. The Cincinnati Ins. Cos., 2016 Ohio App. LEXIS 4119 (Oct. 11, 2016), the Court of Appeals of Ohio, Third Appellate District, had occasion to consider whether an audit...more

Rules of the (International) Road, Brexit, PPP as a New Tool for Argentina, and Keeping Non-U.S. Companies Safe from Suit (Expect...

by Carlton Fields on

- Post-Daimler: Are Non-U.S. Companies Safe from Suit in U.S. Courts? What if the Non-U.S. Parent Registers to Do Business in a State? - Rules of the (International) Road: Choosing and Appointing a Distributor ...more

Cyber Risk and Reality – Procuring Transportation in the 21st Century

by Nossaman LLP on

With the rapid pace of innovation and deployment of intelligent transportation systems (ITS) to enhance existing transportation infrastructure, transportation officials frequently procure and manage sophisticated systems that...more

A Recent California Federal Court Decision Restores Coverage For Some Patent-Related Lawsuits

by Reed Smith on

A California district court pushed back on the restrictive interpretation of a standard intellectual property exclusion and found coverage for a policyholder’s patent related lawsuit. The United States District Court...more

Three Point Shot - Summer 2016

by Proskauer Rose LLP on

800-Meter Champion Berian Eventually Outpaces Nike Endorsement Suit... Or Did He? World 800-meter champion Boris Berian is seemingly capable of out-running just about anything these days. Berian is just a year removed...more

Court Distinguishes Between Claims For Relief And Affirmative Defenses In Denying Rehearing Of Order Compelling Arbitration

by Carlton Fields on

On May 11, 2016 we reported on a dispute between certain captive insurance administrative service providers (Capstone) against various defendants concerning the rights to certain intellectual property related to a captive...more

Blog: The Insurance Distribution Directive: EIOPA’s technical advice on delegated acts, and next steps

by Cooley LLP on

The Insurance Distribution Directive (IDD) came into force on 23 February 2016, and must be transposed into the national laws of the EU Member States by 23 February 2018. The IDD gives the European Commission a power to adopt...more

How to Respond to a Cyber Extortion Demand

by Bryan Cave on

Cyber extortion refers to a situation in which a third party threatens that if an organization does not pay money, or take a certain action, the third party will take an adverse action against the organization. Among other...more

Second Circuit Holds Manufacture and Sale of Counterfeit Goods Not an Advertising Injury

In its recent decision in United States Fidelity & Guarantee Co. v. Fendi Adele S.R.L., 2016 U.S. App. LEXIS 8973 (2d Cir. May 17, 2016), the United States Court of Appeals for the Second Circuit, applying New York law, had...more

.Insurance: What You Need to Know About the Newest Internet Domain Name

by Goodwin on

Yesterday, the new .insurance Internet top-level domain opens up to members of the insurance industry and will be awarded on a “first-come, first-served” basis. Below is what your organization needs to know about...more

Federal Courts Compels Arbitration Of Captive Insurance Dispute

by Carlton Fields on

Plaintiffs Capstone Associated Services, Ltd. And Capstone Associated Services (Wyoming), Limited Partnership (collectively, “Capstone”) brought suit against various defendants concerning the use of and rights to certain...more

Cybersecurity Issues in Focus at Upcoming HNBA Conference

by Foley & Lardner LLP on

The Hispanic National Bar Association (“HNBA”) will gather for its annual corporate counsel conference on March 17, 2016 in Las Vegas, where presentations and discussion will focus on technology and cybersecurity issues that...more

Washington Court Holds Product Misappropriation Not An Advertising Injury

This article discusses a recent decision in Evanston Ins. Co. v. Clartre, Inc., 2016 U.S. Dist. LEXIS 7289 (W.D. Wash. Jan. 21, 2016), by the United States District Court for the Western District of Washington. At...more

New York Court Holds Insurer Not Entitled to Pro Rata Allocation of Defense Costs

In its recent decision in High Point Design, LLC v. LM Ins. Corp., 2016 U.S. Dist. LEXIS 12690 (S.D.N.Y. Feb. 3, 2016), the United State District Court for the Southern District of New York had occasion to consider how and...more

Who Says Insurers Can't Win in Washington: Selman Breitman's Seattle Office Obtains Summary Judgment for Insurer on Duty to Defend...

by Selman Breitman LLP on

Selman Breitman Seattle Office managing partner Peter Mintzer and senior associate Justin Landreth have obtained a ruling, on summary judgment, that our client, Evanston Insurance Company, owed no duty to defend its insured...more

Louisiana Court Holds Knowing Violation of Rights Exclusion Inapplicable

In its recent decision in Krispy Krunchy Foods, LLC v. AMA Disc., Inc., 2016 U.S. Dist. LEXIS 3499 (E.D. La. Jan. 12, 2016), the United States District Court for the Eastern District of Louisiana had occasion to consider the...more

Do Cyber Insurers Care about Information Governance?

by BakerHostetler on

As we welcome in 2016, awareness of the variety of information-related risks confronting today’s enterprises, and the availability of insurance covering those risks, is at an all-time high. High-profile data breaches caused...more

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