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The Law Firm Value Proposition
<b><i>How to Successfully Hire Lateral Partners</b></i><p>While a law firm asks for specific education, experience, contacts and portables at certain law firms, what if the candidates were to ask for their own list of must-haves? How would a firm measure up?
Eminent Domain Law
Analysis of a case involving condemnation.
The Law Firm Value Proposition
<b><I>How to Successfully Hire Lateral Partners</I></b></><p>Every firm the author meets with has a long list of must-haves when it comes to potential lateral hiring, yet very few have defined their value proposition or can live up to an equally long list of offerings for a lateral partner to consider<I>them.</I> Here are his suggestions for successfully hiring laterals.
What's New in the Law
Who's doing what; who's going where.
Divorce and the Undocumented Spouse
<b><I>Part One of a Two-Part Article</I></b><p>Marriage to a U.S. citizen, by itself, does not confer legal status on an undocumented immigrant. However, a valid marriage — one not entered into for the purpose of evading immigration laws — can provide an avenue to legal status in some circumstances. Thus, if an undocumented immigrant gets divorced, she will generally lose that avenue.
DLA Piper Isn't Alone — 40% of Law Firms Unaware of Breaches
A survey of 200 U.S. firms found that many law firms are unprepared for cyber attacks, and it's hurting their standing with clients.
Supreme Court Limits Forum Shopping with Plavix Lawsuit Decision
OnJune 19, the U.S. Supreme Court upended years of jurisprudence to hand corporations a gift: a far more stringent definition of specific jurisdiction that will force plaintiffs to bring suit in multiple state courts rather than join their claims to those in far-flung jurisdictions.
The Fork in the Road: The SEC and Preemption
<b><I>Part One of a Two-Part Article</I></b><p>With the preemption issue pretty well teed up, what do the courts say (to date)? A look at one recent ruling.
Confidential Lease Terms Versus Public Access to Government-Held Documents
Commercial landlords with multiple properties, or developments with more than one tenant, are generally loath to disclose to potential tenants the terms of leases into which they have previously entered. So, what happens when a government entity has demanded or been given a lease as part of a governmental process, such as when a landowner is seeking permission to build?
<b><I>Lyondell Chemical</I></b>: A Long and Winding Roadmap for Creditors in Leveraged Transaction Cases
In July 2009, the LyondellBasell Litigation Trustee commenced litigation arising out of the merger of Lyondell and Basell, seeking the recovery of billions of dollars for the benefit of unsecured creditors. And, as Bankruptcy Judge Martin Glenn observed, the Trustee "threw the kitchen sink" at the defendants. Eight years of litigation and two bankruptcy judges later, we have a decision.

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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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