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Supreme Court Looking to Resolve Federal Circuit Split In Patent Act §101 Case
August 01, 2021
The Supreme Court is considering a petition in a §101 case, in which the Federal Circuit split six-to-six in denying rehearing en banc, and in which the Supreme Court recently called for the views of the Solicitor General.
U.S. IP Reform Needed to Prepare for AI Era
August 01, 2021
For the U.S. to maintain its technological edge, it must encourage Americans to make more discoveries in AI and other emerging technologies. This in turn requires providing strong IP rights to incentivize and protect the huge investments required to make those discoveries.
Obtaining Administrative Claim Status When Doing Business With a Debtor
August 01, 2021
How is administrative claim status obtained in a bankruptcy case, and what risks does a service or goods supplier take by continuing to do business with the debtor after commencement of the bankruptcy case?
Preserving Snaps: Understanding Retention Features of Messaging Apps
August 01, 2021
The recent Doe v. Purdue University case out of the Northern District of Indiana — in which the court sanctioned plaintiff for failing to preserve relevant images and videos from his Snapchat application — teaches that counsel must understand the retention and deletion features of Snapchat and other messaging apps and social media if they are to help their clients preserve relevant ESI.
Use of Deferred Prosecution Agreements In White Collar Investigations
August 01, 2021
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bit Parts
August 01, 2021
Intermediate Access Theory Rejected in Copyright Infringement Lawsuit Over Home-Renovation TV Show
Co-ops and Condominiums
August 01, 2021
Bylaw Provision Authorized Award of Fees Against Unit Owner
American Rescue Plan Act Provides Pandemic Relief for Struggling Businesses
August 01, 2021
As the U.S. economy continues to recover from the pandemic, the American Rescue Plan Act may help many businesses endure and overcome the historic challenges they have faced. While there is still uncertainty as to its impact on our economy, the Act nonetheless is a significant piece of federal legislation.
Make Law Firm Culture Part of the Equation In a Potential Career Move
August 01, 2021
When you are looking to make a career move, be sure to learn about the potential employer's culture before you accept an offer. It is important to select not only a great place to work, but a place that is the right choice for you as an individual.
Professional Development: Firm Culture: Part of the Equation In a Career Move
August 01, 2021
Law firm culture is the values the lawyers feel on a daily basis, the assumptions lawyers make when making decisions, the real behaviors that fuel the organization's success and serves as a competitive advantage. This is what you will want to understand during the recruiting process.

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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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    Although the court stressed that, by vacating certain of former NY State Assembly Speaker Sheldon Silver's counts of conviction, it was clarifying and not altering the "as opportunities arise" theory, it nevertheless emphasized that this theory requires particularity with respect to the "question or matter" that is the subject of the bribe payor and recipient's corrupt agreement.
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