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FTC Reassures Bloggers: Big Brother Isn't Watching
Bloggers of the world, relax ' the Federal Trade Commission ("FTC") is not out to get you. That was the message from Mary Engle, associate director for advertising practices at the FTC's Bureau of Consumer Protection.
FTC Reassures Bloggers: Big Brother Isn't Watching
Bloggers of the world, relax ' the Federal Trade Commission ("FTC") is not out to get you. That was the message from Mary Engle, associate director for advertising practices at the FTC's Bureau of Consumer Protection.
Attorney Work Product at Risk
A new federal appeals court decision promises to give significant pause to corporate counsel, particularly in-house tax attorneys. To their dismay, the First Circuit has ruled that no amount of anticipation of litigation, nor the intimate involvement of legal counsel, can ever immunize so-called "tax accrual workpapers" from discovery by the IRS.
Five Reasons for Lawyers to Use Social Media
This article recommends using social media for business and career development, and presents five non-exhaustive reasons why attorneys should consider using social media for themselves or for their firms. The <i>what</i> and <i>how</i> of blogging, Twitter, Facebook, etc., are beyond the scope of what is covered here. This discussion is about <i>why</i> a lawyer might want to use social media.
Cameo Clips
CLAIMS OVER PHOTOS, PERFORMANCE IN DVD<br>COPYRIGHT INFRINGEMENT/SAMPLED RECORDING
Are You Thinking About China?
If you have been thinking about entering the China market to diversify your revenue stream, here are some legal issues to consider.
Technology in Marketing: How to Drive Traffic to a New Niche Law Blog
Blogging is hot among lawyers, but for every lawyer who launches a new blog, only a small percentage ultimately develop high levels of traffic and a loyal leadership. The question thus arises: What does it take to successfully launch a new law blog?
Verdicts
Recent rulings of interest to you and your practice.
Bit Parts
Copyright Infringement/Parody Defense<br>Film Production Insurance/Green-Light Endorsement<br>Right of Publicity/Newsworthiness Defense
Provisions in Book Author/Studio Contracts Covering Motion Picture Sequels
Anyone following summer motion picture releases will note the seasonal prevalence of big budget sequels to successful films. In some instances, sequels are derived solely from the scripts of previously produced motion pictures (<i>e.g.</i>, <i>Terminator</i>, <i>Night at the Museum</i>). In other instances, they connect with books or book series that were made into one or more prior films (<i>e.g.</i>, <i>Harry Potter and the Half-Blood Prince</i>, <i>Angels &amp; Demons</i>). Mindful of the vast rewards that can flow from these so-called "franchises" (<i>e.g.</i>, the James Bond franchise), Hollywood studios structure their agreements with book authors to maximize their chances of creating one.

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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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