Top 10 Litigation, Mediation & Arbitration Headlines from All Regions An amendment to the Copyright Act that grants copyright protection to various foreign works that were previously in the public domain in the United States is not violative of the First Amendment, the U.S. Court of Appeals for the Tenth Circuit ruled. An Article discussing the factors that US courts consider in determining whether a foreign company's website may subject it to personal jurisdiction in the US. On July 23, 2010, the Court of Appeals for the Eighth Circuit issued an important decision in Eyeblaster, Inc. v. Federal Ins. Co., 2010 U.S. App. LEXIS 15152, No. Civ. A. 08-3640 (8th Cir. July 23, 2010), finding concurrent coverage under both a General Liability ("CGL") insurance policy and a separate Information and Network Technology Errors and Omissions Liability ("E&O") policy in circumstances where an online marketing company installed software on a consumer’s computer system, allegedly c Larkin Hoffman’s Business Litigation Department has compiled a summary of the important laws enacted by the 2010 Minnesota Legislature. This update is organized by areas that will be affected by laws passed during the 2010 session. A common procedural argument that arises in relation to arbitration is the staying of litigation proceedings commenced by a plaintiff in breach of a valid arbitration agreement. On July 22, the Tax Court published its decision in the case of Anschutz Company v. Commissioner, involving a taxpayer that (indirectly) engaged in various prepaid variable forward contracts (which the court calls "PVFCs") and associated stock lending agreements ("SLAs") with respect to portfolio stock (indirectly) owned by him. Over the past several years, enforcement authorities have brought enforcement actions netting hundreds of millions of dollars in fines and penalties for violations of the U.S. Foreign Corrupt Practices Act (FCPA). The Queensland Supreme Court has affirmed that an appropriately worded contractual indemnity is adequate to effectively transfer liability in negligence from a tortfeasor to the party granting the indemnity. The New South Wales Court of Appeal (‘NSWCA’) has considered under what circumstances relevant extrinsic evidence would be received as an aid to construe the scope of a policy. insurers sought to rely on certain relevant extrinsic evidence in construing the scope of indemnity under the policy in question.The NSWCA has ruled that extrinsic evidence of these matters could not be received as an aid to construction because they were not used or relied upon by the contracting parties in negotiating t Daniels Midland employee who embezzled millions, to the bookkeeper in Maine who took thousands from the church’s coffers. |