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Regulation

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Understanding GAAP Image

Understanding GAAP

Joan Rood & Laura Kinney

So many contracts contain the phrase "in accordance with generally accepted accounting principles," but do lawyers really understand what this phrase means or how it may affect a client in any given contract?

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Minimizing Penalties for Unreported Foreign Bank Accounts Image

Minimizing Penalties for Unreported Foreign Bank Accounts

Bryan C. Skarlatos & Michael Sardar

Taxpayers with unreported foreign bank accounts are sweating bullets these days. The IRS is in the midst of an unprecedented crackdown on foreign bank accounts.

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The 'New and Improved' FTC? Image

The 'New and Improved' FTC?

H. L. Silets

A broad survey of Federal Trade Commission ("FTC") actions and appointments throughout 2009 reveals priorities in enforcement efforts. For instance, the FTC initiated what some observers characterize as fundamental changes to its previous modus operandi ' changes that mark a more proactive approach on several fronts.

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e-Matchmaker.biz for e-Commerce Image

e-Matchmaker.biz for e-Commerce

Stanley P. Jaskiewicz

e-Commerce entrepreneurs need many skills to succeed. First, they must have the technical chops to build and run a superior site. Next, they must market that site to stand out among the many competitors in a crowded market. They must also know enough about business to do all the above profitably. And since no one person can do all of these things well, nearly all of these entrepreneurs must be able to evaluate and hire people with all these skills. That is, until the day comes to sell the business ' the Holy Grail of the dot-com boom. Then, a whole new set of skills is required.

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Practice Tip: FDA Issues Draft Guidance for REMS Image

Practice Tip: FDA Issues Draft Guidance for REMS

Alan G. Minsk & Lanchi Nguyen

On Sept. 30, 2009, the FDA issued a draft guidance for industry on better understanding and implementing Risk Evaluation and Mitigation Strategies (REMS), which the FDA requires for certain drugs or biologics.

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Ticketmaster Lead Counsel on Live Nation Merger Issues Image

Ticketmaster Lead Counsel on Live Nation Merger Issues

Amanda Bronstad

The proposed merger between Ticketmaster Entertainment Inc. and Live Nation Inc. won Justice Department approval in January 2010, following a year of negotiations. Steven Sletten of Gibson, Dunn & Crutcher counseled Ticketmaster. In an interview, Sletten stated that he prepared his client to face a tough audience, both at the Justice Department and in the court of public opinion.

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Five Steps to Managing Social Media Risks Image

Five Steps to Managing Social Media Risks

Douglas J. Wood

On the one hand, companies want to capture the attention of potential customers roaming the social media space. On the other hand, conversations in the blogosphere are largely uncontrollable, and raise a myriad of risks. Social media can cause serious losses if not handled correctly.

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Third Circuit Tackles Teen 'Sexting' As Child Pornography Image

Third Circuit Tackles Teen 'Sexting' As Child Pornography

Shannon P. Duffy

As the nation's first case involving criminal prosecutions of teenagers for "sexting" made its way to a federal appeals court in Philadelphia, all three judges seemed skeptical of the prosecutor's claim that child pornography laws are violated when a teen transmits a nude image of herself.

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Registering Marks As Top-Level Domain Names Image

Registering Marks As Top-Level Domain Names

Robert B.G. (Red) Horowitz

The Internet Corporation for Assigned Names and Numbers ("ICANN") plans to issue generic top-level domain names ("gTLDs") beyond the current 21 top-level domain names ("TLDs") such as .com and .net. For the first time, trademark owners may use their marks as gTLDs; for example, .nike. The application process is complex, and trademark owners have no guarantee that they will secure gTLDs for their marks. e-Commerce providers, however, can use trademark-law strategy to gain advantages during the application process.

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Worker Misclassification to Receive Heightened Scrutiny Image

Worker Misclassification to Receive Heightened Scrutiny

Joel W. Rice & Brian K. LaFratta

Over the past year, federal and state governmental agencies have signaled their intent to more seriously investigate the misclassification of employees as independent contractors. Penalties for misclassification are severe and can put a company out of business.

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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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