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Avoiding Technology Pitfalls: How Software Escrow Can Protect Development Projects
In the second of two articles on use of software escrow in e-commerce projects, we take a look at how to avoid some technology pitfalls.
Developments of Note
Recent developments in e-commerce law and in the e-commerce industry.
Do Not Call List Is Not the Only Victor
After a furious round of litigation at the trial and appellate court levels, the national Do Not Call Registry emerged in mid-October intact and enforceable. In the first few weeks of the Registry's effective date, the FTC received over 50,000 consumer complaints. Commission officials midmonth were reviewing these complaints for patterns and repeat violators, and hoped through these efforts to be in a position to bring the first enforcement actions before the end of the year.
e-Commerce Docket Sheet
Recent court rulings in e-commerce.
<i>SCO v. IBM</i>: Does the Copyright Act Pre-empt The GPL?
Open-source software is a key e-commerce building block. For example, Apache, the world's most popular Web-server software, is open source. A lawsuit filed this year threatens not only the Linux operating system, but also the open-source license under which it is made available. This article addresses one of the legal theories attacking that license.
Southern Wiretap Ruling May Affect New Yorkers
Because so many New York residents have strong ties to Florida and other southern states through second homes and relatives, New York family law attorneys should be aware that a recent decision in the U.S. Court of Appeals for the Eleventh Circuit has altered precedent concerning wiretap legality in Florida, Georgia and Alabama.
Decisions of Interest
Recent decisions of importance to your practice.
Where to File &mdash; New York or Connecticut?
Because Connecticut serves both as a bedroom community and a weekend haven for New Yorkers, New York matrimonial lawyers often find themselves required to make a judgment as to whether a matrimonial action can be brought in Connecticut and if so, which jurisdiction is more favorable to their clients. Connecticut's matrimonial jurisprudence, while similar to New York's, differs both substantively and procedurally at a number of significant points. Unfortunately, the similarities may create something of a trap for the unwary since, by and large, the differences between New York and Connecticut matrimonial law tend to be in the details rather than in the broad strokes. This article discusses a number of the most significant points at which the laws of the two jurisdictions come together or diverge.
Big Changes in Child Protection Policies?
On September 23rd, the U.S. Court of Appeals for the Second Circuit certified to the New York Court of Appeals three questions for clarification whose answer could become of major importance to New York child-welfare professionals and the families they work with. The responses to these questions and the ultimate decision in this case could have a significant impact on the way in which children can be removed from homes where one adult has domestically abused another.
On the Job: Politics As Usual
Of the many skills useful to law firm marketing professionals, the one that we can learn best from our attorneys is the political art. Fact is, even the most adept marketer will find it difficult to develop traction for marketing programs at his or her firm without using a heaping helping of political acumen to build consensus and boost allegiance.

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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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