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The Big Fix How Proposed Changes to the Patent Process Would Impact the Strategy and Value of Patent Portfolios
In an effort to bring certainty to managing an intellectual property portfolio, Congress may soon consider overhauling certain aspects of the patent statutes…
European Community Trademark: Two Tracks - One Destination
In late June 2004, the European Community acceded to the World Intellectual Property Organization (WIPO) Madrid Protocol on the international registration…
Patent Licensing: A Checklist
Intellectual property portfolio management is an essential part of any tech company's business strategy. Part of the management strategy must include implementation…
Quarterly State Compliance Review
The summer months are usually a busy time for lawyers who track changes to state corporation statutes to make sure their corporate clients are in compliance. This summer has been no different, as many states enacted amendments to their corporation codes that went into effect in July and August. This edition of the Quarterly State Compliance Review highlights several of these amendments. This edition also looks at some recent cases of interest.
Internal Information Controls: Corporate Accountability
The swift enactment of Sarbanes-Oxley (SOX) in the wake of numerous corporate scandals brought at least as many questions as solutions for executives charged with ensuring corporate compliance with SOX's many provisions. As the various compliance deadlines for SOX draw near or expire and the Securities and Exchange Commission (SEC) continues to release rules and guidelines, even more questions emerge, requiring executives to quickly gain familiarity with otherwise unfamiliar topics in order to avoid the potential liability associated with violations of the law. One such topic is the security and control of financial information.
The Future of Investment Company Governance
In the wake of the market timing and late trading scandals in the investment company industry, the Securities and Exchange Commission (SEC or "Commission") recently adopted rules and rule amendments designed to enhance the governance practices of registered investment companies ("funds"). In an effort to protect shareholders and reduce conflicts of interest between fund boards and fund investment advisers, the SEC has adopted rules that, among other things, proscribe the composition of and processes for fund boards, increase the required disclosure regarding approval of investment advisory contracts and create the position of fund chief compliance officer (CCO) who reports to the board. This article addresses the responsibilities fund boards will face in the wake of these new rules.
Compliance Hotline
Recent rulings of importance to you and your practice.
In The Courts
Recent rulings of interest to you and your practice.
Business Crimes Hotline
National rulings you need to know.
DOJ Requests to Stay Civil Discovery: Recent Trends
Most of us have experienced at one time or another the long arm of the Department of Justice reaching into a civil action, whether it be an SEC proceeding, a class or derivative action or a contract dispute, to intervene and stay discovery in favor of a pending criminal investigation or proceeding. And, far more often than not, the federal government's request is granted. However, courts on both coasts in the past year have shown that they are willing to scrutinize carefully government assertions of prejudice and potential witness tampering and defendants' claims of hardship and prejudice. In several instances, they have denied intervention and/or discovery stays.

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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