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e-Curing the Holiday Humbug
Anyone trying to keep an e-commerce site afloat didn't ' and still doesn't ' need to read the newspaper to realize the business downturn: the grim news appears every day in the cash till, in the aging-of-receivables report, and in overdue payables. While the down times are as inevitable a part of a business cycle as the booming times, that realization doesn't satisfy the bank, the critical vendor at the door or the payroll processor that must be paid.
News Briefs
The latest news from the franchising world.
Court Watch
CA Court Rules Jury Trial Waiver Was Not Conspicuous
Franchisors Must Prepare for Pending Introduction of New Top-Level Domains
In only a few short months, franchisors must choose whether to register a top-level domain (TLD) that corresponds with the franchisor's trademark or company name. Similar to current TLDs .com, .net, and .org, new TLDs like .hilton, .coke, or .merrilllynch will be available. A franchisor's choice must balance potentially significant commercial, advertising, and security opportunities with substantial financial and technological investment.
Peer-to-Peer May Share Some Nightmares
Unknown to corporate America, the popular peer-to-peer file-sharing networks that allow music and movies to be shared could be sharing something else with the public: company secrets and personal data.
Search Engine Optimization Raises Bar for Law Firm Web Sites
Search engines compete with each other on their ability to guide users to relevant content. The search engines, therefore, reward those Web pages that provide useful content to their consumers with high rankings. To understand how to get the most out of search engine optimization, it is important to learn how search engines catalogue and evaluate trillions of Web pages to determine which one is most relevant to a given search query.
<b><i>Product Review:</b></i> Clio, Effective SaaS Practice Management For the Small Firm
As a partner in a small firm, I must divide my time between servicing current clients, finding new ones and running the operational side of my small business. In addition, I have three children, so it is essential for me to be able to work from home and office interchangeably. Another challenge is that my client base requires me to travel frequently, which makes it imperative for me to have access to my client data wherever I am, day or night.
Web 2.0: Don't Miss the Big Picture
Web 2.0 is more than merely an upgrade of Web 1.0; rather, it is an evolutionary step toward a major change to the practice of law ' and the end of the bricks-and-mortar world of law firms as we know them today. The fact is that law firms spend the bulk of their fixed overhead in two areas: office space and personnel. One of these expenses, office space, can be dramatically reduced today; and personnel costs, especially on the support side, can be reduced today and dramatically reduced in just one more generation.
<b>Counsel Concerns:</b> TV Station Buyers Claim Law Firm Botched Deal
The owners of Spanish-language GenTV are suing four Holland &amp; Knight partners, alleging the $48 million purchase price of a Key West, FL, television station was millions of dollars too high because of botched legal work.
SoundExchange Counsel Faces Royalty Skirmishes
SoundExchange originated as a division of the RIAA and was spun off as a separate group in 2000 to collect and distribute digital performance royalties. It's the only agency authorized to do so. Today, it represents more than 3,500 record companies and more than 6,000 labels and their artists. Michael Huppe, general counsel for SoundExchange, says music labels and artists will increasingly depend on the performance royalties SoundExchange distributes to survive.

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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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