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The Battle Rages On: A Report from the Front Line of the Patentable Subject Matter War
In July 2012, the Federal Circuit issued two decisions regarding patentable subject matter for computer-implemented business methods, <i>CLS Bank Int'l v. Alice Corp.</i> and <i>Bancorp Services v. Sun Life Assurance Co. of Canada</i>, that vividly demonstrate the conflicting approaches various members of the court apply to this question.
Costs of Cashless Transactions Raise Conflicts Between Franchises, Card Issuers, Banks
For merchants of all types, accepting credit card and debit card payments is almost a requirement of doing business in today's increasingly "cashless" economy. However, as the numbers of these transactions have increased, the costs that merchants must absorb on those payments have become a serious issue.
September issue in PDF format
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Is Your 401(k) Up to the Task?
A good 401(k) can be a great ally as you prepare for retirement; a lousy plan, on the other hand, could erode your ability to build for a decent and secure retirement. Now is a very good time to make sure your 401(k) plan is up to the challenge.
Retiree Health Care Issues After the Affordable Care Act
Following implementation of the Patient Protection and Affordable Care Act, the funding and providing of promised retiree health benefits has a new series of requirements that must be met by Taft-Hartley retirement plans, employers and plan sponsors.
More Firms Put Non-Lawyers at the Top
The point of this article is not to determine exactly who should run a law firm, but to explore some factors worth considering when contemplating the most effective and efficient form of law firm leadership.
Making Your Merger a Success
This article is a compendium of the author's 30 years' experience in law firm consulting and specifically law firm mergers.
The Indian Supreme Court's 2G Ruling
The importance of due diligence and anti-bribery compliance programs when companies conduct business in countries that historically present a greater risk of corruption.
THE LAST DAYS OF THE LAST DAYS
Big companies, including law firms, sometimes go into bankruptcy. It happens a lot. But when it's a major law firm, like Dewey LeBoeuf, the reasons for its demise can give us some clues about the future of all law firms.
Website Accessibility Rules Are Still on Target
A recent federal court ruling, <i>National Association of the Deaf v. Netflix, Inc.</i>, held that California's state disability rights laws applied to a website, despite the absence of a bricks-and-mortar store nexus. Instead, the National Association for the Deaf (NAD) pursued the accessibility under the Americans with Disabilities Act (ADA) of a "website only" firm with no real-world presence ' Netflix.

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  • 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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