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How Firms Should Be Measuring the Profitability of Matters
Matter profitability matters. Yet most firms struggle to measure it in a manner that is accurate, focused on the levers partners control, and inclines partners to take action. Using margin per-partner-hour (MPH) to measure profitability delivers on these objectives.
Forensic Mythologies and Custody Evaluations
<b><I>Part One of a Two-Part Article</I></b><p>As forensic psychologists and psychiatrists agree to accept appointments as evaluators or take the stand to testify about a custody matter, there are often many assumptions about forensic practice floating among those in the legal community, and even on the part of litigants, that are questionable at best.
Case Notes
Discussion of a pelvic mesh verdict.
Communication and Why It Matters
The art of speaking, understanding, asking and developing dialogue has been eliminated in this fast-paced, quick-reply, "do it now" universe we now live in. Sure, we can communicate around the world in seconds, and conduct business at extraordinary speed; however we have lost the "human" elements of conversation. And it matters!
Real Property Law
In-depth analysis and discussion of seven key rulings.
Smaller Firms' Message To Big Law on Alternative Fees: Join the Club
Microsoft's vow to make its outside lawyers bill nearly all their work under alternative fee arrangements caused a stir, given large law firms' traditional devotion to the billable hour. But for a growing number of mostly smaller firms, those anxieties highlight a Big Law business model they've already left behind.
Bit Parts
Boots Litigation Involving John Wayne's Persona To Be Heard in California, Instead of Texas<br>Distinguishing Between Burden of Proof for California Statutory and Common Law "Likeness" Violation Claims<br>Interpreting Jury Verdict in Quincy Jones' Music Royalty Case
Automatic Legal Holds Becoming the Norm
While they are a prime responsibility for attorneys facing litigation or regulatory investigations, legal holds are not always executed as effectively as they should be. For many, it is a problem of managing data in multiple locations; for others, it's the challenge of having unreliable data custodians.
IP News
Fed. Cir. Vacates Lack of Written Description Ruling In Interference<br>Federal Circuit Vacates Unclear Application of “Causal Nexus” Requirement to Prove Irreparable Harm
Business Crimes Hotline
Analysis of a case in which a German national admitted to taking part in a 2001 to 2004 scheme to pay roughly $3 million in bribes to Haitian officials in return for favorable treatment from Teleco, a state-owned telecommunications company.

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    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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