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Features

Protecting Weak Online Trademarks Image

Protecting Weak Online Trademarks

Scott J. Slavick

Creating a brand name that is trademark-worthy and can be defended in the market requires a thoughtful strategy. The standards of the USPTO for trademark registration are nuanced, and the wrong choice of words can make it challenging to obtain a defensible registered mark.

Features

Landlord's Right of Relocation Image

Landlord's Right of Relocation

Glenn Browne

This article addresses issues that should be raised by the tenant based upon the landlord's relocation right, as well as certain strategic requirements that the tenant should insist upon before allowing the landlord to have a relocation right in the lease.

Features

The Landlord's Lien under the Uniform Commercial Code Image

The Landlord's Lien under the Uniform Commercial Code

David P. Resnick & Erin Brechtelsbauer

While used less frequently than security deposits and personal guarantees, granting the landlord a security interest in its personal property can enhance a tenant's credit. This device may be more effective when conferred by certain types of tenants than by others, but nevertheless, it may provide the landlord with a potent default remedy, particularly in a fragile market.

Features

In the Courts Image

In the Courts

Matthew J. Alexander & Christian E. Izaguirre

A recent case about sentencing guidelines.

Features

CFTC Rulemaking Under Dodd-Frank Paused Image

CFTC Rulemaking Under Dodd-Frank Paused

James Ching

An immense wave of Dodd-Frank litigation will sweep the federal courts this year, following two years of desultory rule-making by the relevant federal agencies.

Features

FCPA Anti-Bribery Liability for a Subsidiary's Conduct Image

FCPA Anti-Bribery Liability for a Subsidiary's Conduct

Laurence A. Urgenson, William J. Stuckwisch, & Brigham Q. Cannon

The new Guidance raises the question of how much, if any, knowledge and control of a subsidiary's bribery, as opposed to its actions generally, the government believes is necessary for a parent to be held liable under the FCPA's anti-bribery provisions ' and whether the answer is different for the DOJ than for the SEC.

Features

Movers & Shakers Image

Movers & Shakers

ALM Staff & Law Journal Newsletters

Who's doing what; who's going where.

Features

News Briefs Image

News Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest franchising news from around the country.

Features

Supreme Court Upholds Mandatory Arbitration in Employment Contract Image

Supreme Court Upholds Mandatory Arbitration in Employment Contract

Kevin Adler

Proponents of mandatory arbitration clauses were given a victory in November when the U.S. Supreme Court vacated a decision by the Oklahoma Supreme Court in which the Oklahoma court had ruled that an employment non-compete agreement could be reviewed by a state court, despite an arbitration requirement in an employment contract.

Features

In the Marketplace Image

In the Marketplace

ALM Staff & Law Journal Newsletters

Highlights of the latest equipment leasing news from around the country.

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MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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