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IP News
December 01, 2022
Trademarks and Free Expression In the Ninth Circuit
New Decisions In Disputes Over Titles Reinforce 'High Bar' In Proving Public Was 'Explicitly Misled'
December 01, 2022
When it comes to expressive content, disputes over trademark rights in titles of creative works are commonly fought under the federal Lanham Act. Many of these battles play out in courts in the U.S. Circuit Court of Appeals for the Ninth Circuit, which has well-developed legal guidelines on the subject — many of them from lawsuits that have arisen in the entertainment industry.
Upcoming Webinar
December 01, 2022
Join Board of Editors member Kyle-Beth Hilfer, Editor-in-Chief Howard Shire, Aaron Krowne and Wenew GC Christine Lawton for Counseling the NFT Client: A Practical Guide to Legal and Business Issues.
Conn. Fed. Court Distinguishes Funny Girl Lyrics Royalty Rights from Copyright
December 01, 2022
A federal judge in the U.S. District Court for the District of Connecticut sided with the family of a production company executive in finding that the wife of late Broadway lyricist Bob Merrill had no right, under §304(c) of the U.S. Copyright Act, to cancel a more than 50-year-old royalty agreement between the executive and Merrill.
Data Minimization Meets Defensible Disposition: Just Say No to ROT and Over-Retention of Personal Information
December 01, 2022
Like a good diet and regular exercise for the body, data minimization and routine, defensible purging of outmoded documents are essential to maintaining healthy organizational information hygiene.
Leaning on Trusted Partners to Drive Legal Tech Adoption and Avoid Failed Implementation
December 01, 2022
Turning to familiar, trusted partners to help navigate the unruly waters of change management, adoption and an ocean of new legal technology options.
Texas App. Court's Ruling in Suit By Band Member's Lawyer
December 01, 2022
A.B. Quintanilla III, founding member and leader of the Latin music group Kumbia Kings, prevailed on appeal in a dispute with a Texas attorney who claimed Quintanilla conspired to cut the lawyer out of his alleged share of a settlement.
FTX Bankruptcy Sends Tremors Through Crypto Regulation
December 01, 2022
The sudden and spectacular crash of crypto-exchange FTX will send long-lasting tremors through both the nation's financial regulatory and bankruptcy landscapes.
Attorneys Can Have Their (Hybrid) Cake and Eat It, Too
December 01, 2022
Lawyers, especially young lawyers, want to work from home. But there are downsides, such as a decrease in networking and personal relationships. How can technology help balance these out so that attorneys and law firms can have their cake and eat it too.
Legal Malpractice Suit Involving Celebrity Memorabilia Can Proceed
December 01, 2022
A New York appeals court rejected a Manhattan boutique law firm's attempt to dismiss a malpractice action against it, finding that questions remained as to whether the statute of limitations for the claim was tolled and if the firm received sufficient notice about a bankruptcy that prevented its client from collecting a judgment.

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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