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The Equal Pay Act
In 2017, 25 states and the District of Columbia are considering legislation that would prohibit employers from asking job candidates about past salaries. But the Ninth Circuit recently affirmed a 35-year-old decision at a time when the rest of the country is moving to bridge the gender wage equality gap.
<b><I>Media & Communications:</I></b> How Being a Benefit Corporation or B Corp May Help Land the Right Clients
This article explores whether or not it makes sense to organize your law firm as a professional benefit corporation and/or B Corp to help you attract the growing number of clients seeking a law firm aligned with their social and environmental values.
Substantive Non-Consolidation Opinion Letters
<b><I>Considerations for Bankruptcy Counsel</I></b><p>Substantive non-consolidation opinion letters have long been a regular “check-the-box” item in large commercial real estate transactions. While substantive consolidation jurisprudence has not changed materially over the past decade, these opinion letters should not be treated lightly by borrowers or their counsel.
Development
Analysis of cases involving the Open Meetings Law, parkland fees, development fees, and a challenge to an ordinance's constitutionality.
The Latest Trend in Employment Law: Banning Salary History Inquiries
Add salary history to the growing list of inquires off limits to those who interview and evaluate prospective job candidates. Several cities and states have passed legislation that, broadly, prohibits a prospective employer in the private sector from asking questions about an applicant's compensation history.
<b><i>Online Extra</b></i><br> Disney, App Partners Hit With Suit Under Child Privacy Law
The Disney Princess Palace Pets app allows children to play with, bathe and accessorize about 10 different virtual pets. Sounds innocent enough. But according to a new lawsuit, The Walt Disney Co. and its software partners are illegally using the app — and dozens of others aimed at kids — to track the online activity of youngsters to serve them targeted ads.
In the Courts
A look at a case in which the first trader charged and convicted under Dodd-Frank's anti-"spoofing" provision lost his appeal at the U.S. Court of Appeals for the Seventh Circuit.
A Broadening Consensus to Narrow Asset Forfeiture
When Attorney General Jeff Sessions announced in July that the federal government planned to again emphasize the pursuit of civil asset forfeitures, an issue moved to the front burner for health care providers and their advisers: If the federal (or state) government decides to pursue a case against a care provider or medical practice, it can seize the alleged culprit's property, even before conviction.
<b><i>Online Extra</b></i><br> Christie Signs Fantasy Sports Bill
New Jersey Gov. Chris Christie signed a bill on August 24 that will regulate daily fantasy sports betting, a multimillion-dollar-a-year industry in the state that has, until recently, gone largely unregulated nationwide.
<b><I>Leadership:</I></b> Linking Law Firm Leadership with Revenue Generation
What is missing in driving revenue growth at law firms is accelerating leadership. It is one of 12 exceptional management practices that firms should focus on, including branding, building client value, strategy, team building, and so forth.

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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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