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Courts Refuse to Hand Over Documentary Audio and Outtakes
Electronic Signatures: Legal and Practical Considerations for E-Signing on the Virtual Dotted Line
July 01, 2019
In assessing whether or how to employ e-signatures, particularly in higher risk transactions, organizations should be careful to manage the practical issues and potential legal complexities associated with e-signatures through careful assessment and a robust governance program.
Clients Drive Information Governance: Payment Tied to Guideline Compliance
June 01, 2019
To comply with the data side of the Outside Counsel Guidelines, firms must have a clear information governance strategy for which the firm's use of technology systems is foundational.
Legal Tech: Spring 2019 E-Discovery Case Law Review
The amendments to the Federal Rules of Civil Procedure in 2015 intended to clarify some of the ambiguities that caused inconsistent rulings in e-discovery matters. One such amendment was to Rule 37(e), which seemed to indicate that courts would not levee punitive sanctions without establishing “intent to deprive.” Despite this language, though, courts continue rely on their inherent authority to issue sanctions, meaning organizations must take their preservation obligations seriously.
Expanding Your Digital Strategy with RPA
Beyond improving efficiency, new advancements in Robotic Process Automation, or RPA, are helping lawyers do more <i>billable</i> work without hiring more people.
2 U.S. Law Firms Among Cybercrime Victims
<b><i>Because They Often Possess Valuable Information on a Variety of Companies and Individuals, Law Offices Continue to Be a Favorite Target for Hackers</b></i><p>The DOJ said that two U.S.-based law firms were among the victims of a “complex transnational organized cyber-crime network” that has been taken down.
EU E-Commerce Proposal Aims to Eliminate Barriers; Calls for E-Signatures and Net Neutrality
The European Union has put forth an ambitious proposal for how countries can eliminate barriers to e-commerce and protect businesses and consumers engaged in online transactions. But parts of the proposal, published as part of a World Trade Organization initiative that includes the U.S. and China, are likely to face opposition.
Social Media Influencers: Basic Tax Issues
June 01, 2019
This article discusses the basic tax issues facing social media influencers, who have become an important element in the entertainment industry.
Court of Appeals Upholds Privatization of Interior Landmark
June 01, 2019
The New York City Landmarks Preservation Law authorizes the Landmarks Preservation Commission (LPC) to designate interior landmarks as well as exterior landmarks. An interior site is eligible for designation only if the public has access to the site, but once the LPC has designated the interior landmark, can the LPC authorize its owner to close the landmark to public access?
The Importance of Social Skills: Technology and Data Are Not Enough to Grow Your Firm's Business
June 01, 2019
Data is taking over our lives. And preceding that is all of the applications and technology that exists that helps us measure that information. But technology and data are not going to be the only growth drivers of a firm in the future. What's going to become most important in the face of the technological changes that are occurring in law firms is a lawyer's "soft-skills."

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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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