Category Archives: Other Jurisdiction

What is SOPA all about?

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You may have noticed yesterday that your usual go-to research site, Wikipedia, was blocked.  Your dismay, while understandable, was intended by Wikipedia personnel.  The black-out was designed to bring awareness to the Stop Online Piracy Act currently circulating through the House of Representatives (the sister bill PIPA- Protect Intellectual Property Act is the Senate’s version).  Both bills exist to combat what Congress sees as a problem with international websites that provide U.S. consumers with access to pirated intellectual property, such as movies and music.

As a practical matter, the bills would give Justice Department prosecutors the ability to block the foreign sites from U.S. visitors.  For example, the attorney general could require search engines to disable links to the sites or prevent credit-card processors from processing payments to the site.  In addition, the bills would allow content owners like music studios and film production companies to sue websites that host pirated material.

The problem with the bills, claim a multitude of internet-based websites and free-speech advocates, is that they are drafted so broadly as to inhibit speech on the internet.  The bills require only a short good-faith letter that the website is allegedly hosting pirated content.  Once the letter is received, the website has only five days to either shut down the site or contest the letter in court.  Opponents claim that is impossible for websites with huge amounts of user-generated content, such as Facebook and twitter, to determine what material is pirated. 

What would SOPA mean for you?  If SOPA (or PIPA) were legalized in their current forms, every website host would need to be extremely vigilant about material, especially interactive media, posted on their site in order to ensure that none of the material is pirated.

There has been a huge outcry against the bills from non-traditional media outlets all over the county and President Obama has publicly stated he would not sign either SOPA or PIPA into law in their current forms. 

WCM is following the progress of the bills and will update the site periodically as new information comes available.

Remy Cahn

 

Balkan Art Gangs Back in the News.

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We previously commented on the Pink Panthers.  The problem has not gone away and Balkan art gangs are back in the news.  Art insurers beware!

For more information about this post, or WCM’s fine art practice, please contact Bob Cosgrove at .

Read the Fine Print in Cruise Ship Contracts.

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The world’s attention has dutifully been directed to the Italian cruise ship tragedy and the allegedly cowardly acts of the captain.  But, as is always the case, tragedy begets the opportunity for litigation.  However, as this NYT piece points out, it is not so easy to sue a cruise ship owner/operator.  Good news for insurers, but bad news for lawyers and litigants.

For more information about this post or WCM’s maritime practice, please contact Bob Cosgrove at .

 

 

There’s Still No FSMA Will.

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The more things change, the more they stay the same (with apologies to Heraclitus).  We have spilled much ink (or at least web space) writing on the FSMA and the lack of budgetary clout to support its ambitions.  According to recent reports, an additional $1.5 billion is required to fully fund the FSMA’s lofty ambitions.  We think it is doubtful, in the current political and economic climate, that the funding will arise (unless, of course, there’s a major food borne illness catastrophe).  In the meantime, the FSMA will largely remain a toothless tiger.

For more information about this post or WCM’s product recall practice, please contact Bob Cosgrove at .

Has the Whistle Blown for US Football?

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American football (a clarification we make for the benefit of our friends across the Pond) is, far and away, America’s most popular and lucrative sport.  However, notwithstanding the use of pads, the sport is hazardous, and injuries — life long injuries in particular — are common.  It has recently been discovered that concussions and brain trauma are two of the more hazardous injuries that can result from a career in football.  And now, litigation by former NFL players has commenced.  This litigation bears close watching as it might have an impact not only on the NFL, but also on many educational and Pop Warner football programs in the US.  After all, it does not take much imagination to envision copycat litigation.

For more information about this post, please contact Bob Cosgrove at .

First Melamine, Now Bacteria?

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Product recall insurers take heed!  There is a new contaminant to worry about in infant formula and this time it’s not melamine.  Rather, the culprit is cronobacter sakazakii.  The bacteria has been found in Enfamil baby formula, one of the more popular brands sold at most major stores (like Walmart and Costco), and has been linked to a baby’s death. The investigation into the cause of the contamination and the scope of costs is proceeding, but, in the interim, the good news is that the outbreak seems to have been contained.  Nevertheless, the recall costs will likely be significant.

For more information about this post or WCM’s product recall practice, please contact Bob Cosgrove at .

An Education In Pricing For U.S. College Students Studying Abroad

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As a student at Wheaton College, Jennifer Bombasaro-Brady spent a semester studying in South Africa. Although away from the Wheaton campus, Ms. Bombasaro-Brady was still required to pay full tuition, room and board, despite the fact that the program she attended, without all the amenities provided at Wheaton, cost less. Accusing Wheaton of engaging in deceptive practice, the Bombasaro-Brady family has filed suit in Massachusetts state court. Meanwhile, the relationship between universities and study-abroad programs have already come under the scrutiny of the attorney generals of New York and Connecticut.

http://www.nytimes.com/2008/03/09/education/09studyabroad.html

An Interesting Take On Art Theft

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Reflecting on the recent Swiss theft of works valued in excess of $160 million, this article addresses some of the issues surrounding art theft, including differing treatment given to subsequent purchasers of stolen works. Probably most disturbing is the now “open secret” that some insurers are more than willing to pay ransoms to thieves to recover stolen pieces to avoid significant payouts on their policies.

http://www.cnn.com/2008/CRIME/02/14/art.theft/index.html

Water Water Everywhere, But Not A Drop For Georgia

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In a victory for Alabama and Florida, the United States Court of Appeals – District of Columbia Circuit held that Georgia’s agreement with the Army Corps of Engineers to siphon nearly a quarter of the water of Lake Sidney Lanier reservoir was void since the plan was not approved by Congress. Under Federal Law, Congressional approval is needed for “major structural or operational” changes to the management of its federal reservoirs.

http://www.nytimes.com/2008/02/06/us/06water.html