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  • Article

    Will Your Tweet Hold Up In Court?

    Litigators have long known that electronic-mail messages are a fertile source of discovery because people often send their unguarded and candid thoughts by email.
    United StatesLitigation, Mediation & Arbitration
    Morris, Manning & Martin, LLP
    Morris, Manning & Martin, LLP
  • Article

    First Post-Bilski District Court Decision Finds Internet-Implemented Process Is Not Patentable Subject Matter

    One of the major unanswered questions following the U.S. Supreme Court's decision in Bilski v. Kappos is the extent to which lower courts will apply the rationale of the decision in assessing the patentability of computer software, Internet-enabled, and other computer-implemented processes.
    United StatesIntellectual Property
    Morris, Manning & Martin, LLP
    Morris, Manning & Martin, LLP
  • Article

    Confirmation Actions And Marketable, Insurable Title

    If the dramatic increase in foreclosures has resulted in the closing attorney being forced to get up to speed in short order on nonjudicial foreclosure and its effect on marketable and insurable title.
    United StatesReal Estate and Construction
    Morris, Manning & Martin, LLP
    Morris, Manning & Martin, LLP
  • Article

    Credit Life Insurer Denied Arbitration Based Upon Arbitration Provision In A Loan Agreement

    A federal appellate court recently held, under Georgia law, that a credit life insurer could not compel arbitration based upon an arbitration provision in a loan agreement to which it was not a party.
    United StatesInsurance
    Morris, Manning & Martin, LLP
    Morris, Manning & Martin, LLP
  • Article

    Title Insurer’s Negligent Title Search Precludes Subrogation

    The recent decision in "Lawyers Title Ins. Corp. v. MHD Corp.", 2010 WL 4157301 (Ohio Ct. App. Oct. 22, 2010), addressed whether a title insurer was subrogated to the rights of its insured against a seller where the insurer’s negligent title search failed to report a properly recorded encumbrance on the property. The court ruled the title insurer was not entitled to subrogation.
    United StatesInsurance
    Morris, Manning & Martin, LLP
    Morris, Manning & Martin, LLP
  • Article

    Not Your Father’s Domain Name: How gTLD Expansion Is Poised To Change The Way We Navigate The Internet

    International domain-name overseer, ICANN, has been developing plans for the dramatic expansion of available g-TLDs, the .com’s and .gov’s currently so limited in variety that we have them all committed to muscle memory.
    United StatesIntellectual Property
    Morris, Manning & Martin, LLP
    Morris, Manning & Martin, LLP
  • Article

    SEC Enforcement Focus On Unregistered Non-US Banks Continues

    The US Securities and Exchange Commission (SEC) recently announced its latest enforcement action against a non-US bank that was providing advisory and brokerage services to US residents.
    United StatesCorporate/Commercial Law
    Morris, Manning & Martin, LLP
    Morris, Manning & Martin, LLP
  • Article

    Georgia’s New Restrictive Covenant Act - Impact on Tech Companies/Entrepreneurs - Part 1

    The Georgia legislature has approved a proposed constitutional amendment to give effect to House Bill 173 (the "Georgia Restrictive Covenant Act"), which would dramatically change the law in Georgia with regard to the enforceability of restrictive covenants in employment agreements.
    United StatesEmployment and HR
    Morris, Manning & Martin, LLP
    Morris, Manning & Martin, LLP
  • Article

    HASSETT'S OBJECTIONS - The Filed Rate Doctrine: A Love Story

    Because many states have statutes barring or restricting the enforcement of arbitration clauses in insurance contracts, the U.S. Supreme Court’s decision last year in AT&T Mobility, LLC v. Concepcion, Case No. 09-893 (U.S. April 27, 2011) (upholding class arbitration waivers) has been of limited benefit to insurers.
    United StatesInsurance
    Morris, Manning & Martin, LLP
    Morris, Manning & Martin, LLP
  • Article

    Not Your Father’s Domain Name: How gTLD Expansion Is Poised To Change The Way We Navigate The Internet

    ABSTRACT: International domain-name overseer, ICANN, has been developing plans for the dramatic expansion of available g-TLDs, the .com’s and .gov’s currently so limited in variety that we have them all committed to muscle memory.
    United StatesIntellectual Property
    Morris, Manning & Martin, LLP
    Morris, Manning & Martin, LLP
  • Article

    New Problems with Old Domain Names - Dot Co vs. Dot Com

    United States Trademark owners should consider registering their domain names in Colombia. As of April 26, 2010, non-Colombian trademark owners are allowed to register domains identical to the U.S. trademarks under Colombia's top level domain ".co."
    United StatesIntellectual Property
    Morris, Manning & Martin, LLP
    Morris, Manning & Martin, LLP
  • Article

    Regulatory Standards For The Use Of Social Media In Insurance

    The use of social media such as Facebook, Twitter and LinkedIn in the business of insurance is becoming widespread.
    United StatesInsurance
    Morris, Manning & Martin, LLP
    Morris, Manning & Martin, LLP
  • Article

    Georgia's New Restrictive Covenant Act - Impact on Tech Companies/Entrepreneurs

    The Georgia legislature approved a proposed constitutional amendment to give effect to House Bill 173 (the "Georgia Restrictive Covenant Act").
    United StatesEmployment and HR
    Morris, Manning & Martin, LLP
    Morris, Manning & Martin, LLP
  • Article

    A Simple Way For Foreign Insurers and Reinsurers to Eliminate U.S. Income Taxes

    I just returned from my first trip to Las Vegas. Keep in mind I have spent my professional life helping others avoid risks, and I am generally risk averse by nature. However, I couldn't help trying to beat the odds and win against the house (I hope the casino owners enjoy my money).
    United StatesInsurance
    Morris, Manning & Martin, LLP
    Morris, Manning & Martin, LLP
  • Article

    Agency Acquisition Due Diligence Checklist

    Insurance agency mergers and acquisitions are expected to increase as the economy continues to improve and the continuation of the soft insurance market limits internal and organic insurance agency growth.
    United StatesInsurance
    Morris, Manning & Martin, LLP
    Morris, Manning & Martin, LLP

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