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A 'Cloud Security Doctrine' for Law Firms
Cloud computing may be here to stay, but is it truly safer than the solutions that it's outmoding? The Legal Cloud Computing Association (LCCA) thinks there's a path to greater security, publishing for law firms its first "Cloud Security Doctrine."
Does Adoption of Cloud Computing Shift Cyber Liability Risk?
The rapid adoption of cloud computing has attracted companies that seek to lower their information technology costs. At the same time, it is reported that there has been an increase in data loss and an increase in cyber-liability claims against companies. But the biggest vendors in the cloud computing industry want to push the risk of penetration of their systems onto their customers adopting the technology.
Evolving Science May Provide Coverage for Transgender Employees Under the ADA
A recent federal lawsuit could change the way employers need to structure their employment policies and procedures as they impact transgender employers under the Americans with Disabilities Act (ADA).
Employers Get a Data Privacy Win at the European Court of Human Rights
One of the biggest challenges for U.S. employers, investigators, and e-discovery practitioners in cross-border litigation involving European companies or citizens has been obtaining digital data about European individuals. However, things may have recently become a little easier for data-seeking employers or investigators in the EU.
The Impact of Rising Interest Rates and the Need for Increased Restructuring Activity
Accommodative monetary policies over the last eight years have extended key refinancing hotspots from 2012-2015 to 2018-2021. With the Federal Reserve having now marked the end of such policies in the United States, a new and, to some extent, necessary wave of restructurings can be expected in the short and medium term.
Assignment of Lease
When entering into a lease, one exit strategy contemplated by many a tenant is to assign the lease to a third party prior to the expiration of the term of the lease. This article addresses those issues a tenant should attempt to address in the assignment document in order to limit the tenant's potential liability under the lease.
Cooperatives & Condominiums
A look at a case in which a tenant-in-common was not entitled to a stay of sale.
When a Law Firm Partner Divorces
Going through a divorce can be tumultuous for everyone involved. When one of the parties is a partner in a law firm, those challenges are sometimes elevated for both the partner and the law firm.
Information Sharing for the Information Age
As 2015 drew to a close, Congress agreed on a federal budget. That simple act, coming on the heels of a series of contentious continuing resolutions, was big news. But tucked away on page 694 of that 887-page bill was perhaps a more significant achievement. There Congress inserted, passed, and the President signed, the Cybersecurity Act of 2015.
Gossip Column Has No Special Protection From Defamation Suit
Just because it's on "Page Six" of the <i>New York Post</i> doesn't mean it cannot be defamatory, according to the U.S. Court of Appeals for the Eleventh Circuit. The appellate court revived a defamation lawsuit by a member of The Fugees hip-hop group against the <i>Post</i> for an item in its "Page Six" gossip column, finding reasonable readers might take the story as true.

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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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