In these thorny economic times, the protection of business intellectual property assets – and the dollars they represent - is more important than ever. Fortunately, Congress has recognized the heightened value of IP assets through legislation signed into law this…
Selective tender defense: applicable to equitable contribution, not subrogation In Mutual of Enumclaw Ins. Co. v. USF Ins. Co., the Washington Supreme Court held for the first time that the "selective tender" rule prevents settling insurers from seeking equitable contribution…
The Second Circuit Court of Appeals in New York extinguished the rights of John Steinbeck's son, Thomas Steinbeck, and granddaughter, Blake Smyle, to Steinbeck's literary heritage. Ownership and Bequest of John Steinbeck's Literary Heritage John Steinbeck, famed author of 'Of…
Bullivant Houser Bailey is pleased to report that veteran trial attorney Norman Ronneberg has just achieved his second major litigation victory in three months. Norman practices maritime and insurance law in Bullivant's San Francisco office. Most recently, Norman directly represented…
In Sony Computer Entertainment America, Inc. v. American Home Assurance Co, 2008 WL 2736012 (C.A.9 (Cal.), 2008), the Ninth Circuit Court of Appeals defined the term "negligent publication" in a media liability policy as "a narrow tort in which the…
New anti-Spam regulations in effect Updates to the 2003 CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) took effect on Monday, July 7 to enforce tighter federal regulations on commercial email distribution. Background The CAN-SPAM Act (the…
Like chlorine, a new opinion by a California appellate court will sting and redden your eyes. Modern liability policies usually define "occurrence" as "an accident" (including repeated exposure to substantially similar conditions). California law has been trending toward the view…
On June 10, 2008 the Court of Appeal in Liberty Mutual Fire Insurance Company v. LcL Administrators, Inc. upheld the Trial Court's granting of terminating sanctions against a defendant and cross-complainant, striking its answer and cross-complaint on the grounds that…
A California Court of Appeal has held that upon confirming an appraisal award, a court may not enter a money judgment for the insured if the insurer contests liability for any portion of the award due to coverage limitations. Devonwood…