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Advertising Injuries: Are You Covered? ( June 2005 )
Has your business ever been sued, or threatened with suit, because your product allegedly looks too similar to another business product? You may be tempted to change your product's design, simply to avoid the cost of defending a lawsuit. But your business may be insured for this sort of claim. -
Electronic Discovery: Understanding Preservation Obligations, the Potential for Cost-Shifting, and Current Developments ( February 2005 )
Discovery is an enormous part of litigation to litigants, their counsel, and the judges presiding over their cases. One of the primary purposes of discovery is to help get a case that a litigant and its attorney are determined to win ready for a trial. Part of winning a case is telling the right story, and discovery is a part of putting together that story. -
Current Issues Regarding Corporate Governance and Multinational Corporations ( October 2004 )
Daily headlines underscore how crucial the issue of trust in the governance of America's corporations has become since Enron. The heightened public awareness, the importance of good corporate citizenship and confidence in the world's financial markets has spawned new corporate governance regulations in America, such as the Sarbanes-Oxley Act, that have a ripple effect throughout the global economy. -
Compliance Programs to Detect and Prevent Crime: Amended Federal Sentencing Guidelines ( October 2004 )
The United States Sentencing Commission has recently submitted to Congress extensive amendments to the Federal Sentencing Guidelines applicable to organizations, expanding what is meant by an "effective compliance program" to prevent and detect violations of law. Demonstrated adherence to the Guidelines is one of two factors that can mitigate the potential fine range for an organization's violation of federal law (in some instances up to 95%). -
Delaware Environmental Legislation And Regulations: Recent Developments ( September 2004 )
During 2004, the State of Delaware has enacted significant new legislation designed to promote brownfields development and to fund environmental improvement projects. Other legislation that would have instituted mandatory recycling failed to gain passage in the General Assembly. On the administrative front, DNREC issued a regulation governing "chronic violators" that was several years in the making. -
Principles Of Advertising Injury Coverage ( July 2004 )
Standard Commercial General Liability ("CGL") policy forms provide coverage for advertising injury liability. Advertising injury is typically defined to comprise certain offenses, such as defamation, invasion of privacy, "misappropriation of advertising ideas or style of doing business," and "infringement of copyright, title, or slogan." This coverage became standard in 1986; before then, insurers offered advertising injury liability coverage by endorsement and charged an additional premium. -
Businesses need to know what insurance may be available to protect them against contractual indemnification claims when such claims arise. Both customers and vendors of computer software should consider what insurance products are available in the marketplace, whether they should have certain insurance in their own portfolio, and whether they should require that other contracting parties have particular insurance to protect against significant risk that may arise under their contracts.
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Evaluation and Management of Insurance Coverage Against Intellectual Property Claims ( February 2004 )
It is an event that all corporate risk managers dread. An envelope arrives at your office that contains a letter accusing your company of infringing on various intellectual property rights of the sender. Or worse yet, the envelope contains a lawsuit against your company seeking substantial monetary damages and a request for an injunction to prevent you from continuing to sell your products or otherwise engaging in your business. An expensive, time-consuming and potentially devastating legal dispute lies ahead.
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