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Understanding The Importance of Derivative Works
This article attempts to provide a practical understanding of derivative works and their importance in structuring business ' including e-commerce ' transactions involving the right to create derivative works. It also discusses several strategic considerations relating to derivative works. This area of law is of critical importance to rightsholders and business partners, and is of particular importance in the growth of up-and-coming e-commerce firms, which need flexibility with intellectual property and rights, and whose principles and counsel need a keen understanding of these issues to promote and sustain healthy expansion.
Avoiding e-Conomic Insanity When Business Rebounds
For e-commerce firms and businesses generally, the ability to maintain a turnaround will be affected by decisions made now, in the depth of the recession. Today, as they struggle to preserve cash flow and stay current on obligations to lenders, landlords and vendors, the helmspeople of too many firms have come to regret decisions they made with hope in their heart for a booming economy 'yet forgot and may still forget to plan prudently for the rebound. Ever more so than before, today's "big deal' may become the liability that leads to tomorrow's bankruptcy filing.
The Tweet 16
Twitter is the latest thing. Before you post to Twitter, consider the consequences. A casual tool such as this makes it easy to unwittingly create an attorney-client relationship or overstep an ethical rule. Even with only 140 characters, you can easily get yourself in hot water.
Law Firms and Social Networking
Along with the viral popularity of social networking Web sites (one of these sites is the fourth most-trafficked Web site in the world), legal blogs, collaboration sites, and informal online education options comes the vulnerability of some risk.
Giving 'Til It Hurts
There is no firm in business today that isn't inundated regularly by requests for contributions, whether for charitable, community, or political causes. For the community- minded firm, the requests can be overwhelming, as is the feeling that you do indeed want to help the organization requesting your help. But how can you serve your community ' and frequently, your firm ' without hurting your own firm's budget and community relations?
Client Speak: The Do-or-Die Business Development Moment
For that one little question, "Would you like to hire us?" there is no approved wording to use or tone with which to ask it. Are we supposed to deferentially lower our voices when we pop the fateful question? How much confidence should we exude?
Practice Building Skills: Eight Recession-Busting Tactics
According to the 2008 ACC/Serengeti Managing Outside Counsel Survey, median spending on outside counsel last year fell 9.1% ' to the lowest level in 8 years. A growing amount of work is being kept in-house, and 40%-plus of corporations have fired some of their outside counsel during the prior year. Here's how to thrive.
Media & Communications Corner: Upgrade Your Communications Tools for Free
A host of free Web applications are surprisingly effective in helping law firms from solo practitioners to large firm in-house PR and marketing staff, stay on top of the game. The trick is knowing which tools out there are worth your time. Here are the applications that made our top 24 list.
Career Journal: Real Advice for the Real World
Suggestions can help guide you through a situation you have not previously found yourself in before ' looking for a job in a really bad economy.
Op Ed
Ms. Tursi: "It's time for you to seat your CMOs at the management table ' if they are not there already. It's time for partners to understand that these individuals are not just employees."

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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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