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January 01, 2021
Federal Circuit: Post-Employment Assignment Clause Void Under California Law Federal Circuit No New Trial for Improper "Pennies on the Dollar" Rhetoric
Bankruptcy Court Responses to COVID-19 Relief Orders
January 01, 2021
The economic impact of COVID-19-related shutdown orders, and the governmental directives, raise questions of how bankruptcy courts will respond.
Fair Use Applied to Embedded Photograph
January 01, 2021
The extremely flexible character of social media has required equal flexibility in courts' intellectual property analysis. Happily, under U.S. copyright law, that kind of flexibility is possible.
'Frustration' and 'Impossibility': Viable Defenses Amid the Pandemic?
January 01, 2021
As the COVID-19 pandemic and its accompanying economic fallout continue to unfold, commercial tenants have increasingly come to rely on the common law doctrines of impossibility of performance and frustration of purpose as defenses to the nonpayment of rent.
Equal Justice Should Apply to All, Including the President's Friends
January 01, 2021
This article considers certain positions taken by DOJ in cases involving Roger Stone, Michael Flynn and the subpoenas duces tecum issued by the New York District Attorney's Office in connection with its investigation into the Trump Organization.
The Open Window to Your World: Smartphone Security in the Age of COVID
December 01, 2020
Industry developments this year add concern over connected devices and information tracking. New Smartphones include an app for COVID exposures, which can lead to privacy issues.
How U.S. Court Ruled Whether France's Right of Publicity Law Is Descendible
December 01, 2020
Battles over celebrities' estates often end up in litigation, but a recent court ruling involving the estate of French oceanic explorer, environmentalist and documentary filmmaker Jacques Cousteau included a not-often-seen right of publicity consideration: how a U.S. court determines whether right-of-publicity protection in another nation is descendible.
Defending Attorneys Against Extortion Charges Presents Unique Challenges
December 01, 2020
Although the criminal prosecution of lawyer misconduct is nothing new, the recent indictment of a plaintiffs' lawyer in Maryland and sentencing of two plaintiffs' lawyers in Virginia illustrate the particular danger to attorneys who arguably cross the line during negotiations with potential litigation counterparties.
The Evolution of TAR
December 01, 2020
An overview of past technology-assisted review versions and a look at what's next.
Allocation Issues for Settling Weinstein Sex Assault Claims
December 01, 2020
This article examines the recent judicial dialogue concerning allocation of Weinstein settlement proceeds among Weinstein crime victims, Weinstein Company creditors and defense counsel who have defended the Weinstein corporate officers and directors, and the overall negative impact these various episodes of the Weinstein settlement story likely have on victims' willingness to participate or come forward at all.

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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