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The Supreme Court May Limit the False Claim Act's Scope
The DOJ and whistleblowers, with the support of many courts, have become increasingly aggressive in pursuing supposed false claims for federal reimbursement under the False Claims Act (FCA). In 2015, for example, the DOJ reported 737 new FCA matters and recovered more than $3.5 billion in FCA settlements and judgments.
Court Watch
Court Declines to Issue Preliminary Injunction Notwithstanding Franchise Agreement Properly Terminated <br>Noncompetition Covenant Not Enforced Where Franchisor Will Not Open Again in Area
Landlord & Tenant
Discussion of a case in which a civil court abused its discretion by staying execution of a warrant of eviction.
Cybersecurity Meets EDRM with the Cybersecurity Reference Model
Many legal technology practitioners have great familiarity with the Electronic Discovery Reference Model (EDRM). The model allows attorneys and those who support them to use a common lexicon while wrestling with the complex issues and tasks associated with the discovery process. As the legal technology industry moves deeper into commoditization, new skills, knowledge bases and technology related to security and privacy outside the traditional EDRM will increasingly become the focal point for professional development.
Immediate Impact of the Repeal of Form 18 On Patent Litigation
On Dec. 1, 2015, the latest amendments to the Federal Rules of Civil Procedure (FRCP) became effective. The amendments include significant changes to rules governing the discovery process, especially Rules 16 and 26. But they also include a significant change to the rules governing the very first filing in any patent infringement case.
10th Circuit Upholds Tax Reporting Law
Because of a controversial U.S. Supreme Court ruling from 1992, online retailers don't charge sales tax in states where they don't have a physical presence. It's a situation that traditional retailers have bemoaned for years. To their dismay, the U.S. Congress hasn't done a thing about it.
Quarterly State Compliance Review
This edition of the Quarterly State Compliance Review looks at legislation of interest to corporate lawyers that was recently passed or went into effect and looks at some recent decisions of interest from the courts of Delaware and New York.
What Non-Delaware Lawyers Need to Know About e-Discovery in Delaware
Many non-Delaware lawyers will, at some point in their careers, find themselves practicing in a Delaware court after being admitted pro hac vice. For those that do, it is important to note that the Delaware courts take e-discovery seriously and have a sophisticated understanding of it. This article serves as a primer on conducting e-discovery in the Delaware courts.
Building Class Standards in Commercial Leasing
This article explores the standards by which office buildings are compared to one another and the significance of those standards and comparisons in commercial lease transactions.
Case Notes
Conclusion of a two-part analysis of a case involving a Cumis counsel on the hook for unreasonable fees.

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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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