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Drawing the Line Between Fact- and Expert-Witness Testimony
As is often the case in product liability lawsuits, the recent bellwether trial in the Risperdal litigation involved several disputes about the admissibility of expert testimony. However, one such dispute is notable because the "expert" testimony in question was actually from a fact witness.
Tips for Investors: Don't Lock Out Unionized Targets
There's something about the idea of dealing with unions that just plain intimidates investors. Both financial and strategic investors often instinctively reject the idea of acquiring unionized companies. This can be a mistake.
International Design Patent Filing Considerations After U.S. Entry into the Hague Agreement
Effective May 13, 2015, applicants can file international design patent applications in a single, standardized application via the USPTO designating any of more than 62 territories, including the U.S. and European Union (EU), and can receive the same effective filing date in each jurisdiction. This important opportunity comes as the U.S. accedes to the Geneva Act of the Hague Agreement.
Public-Private Partnerships
Public-private partnerships (P3s) have been gaining increased favor in the U.S. as a way for the public sector to harness the expertise and efficiencies of the private sector in meeting the infrastructure and social needs of local and state governments. Here are some tips for in--house counsel.
The 2015 Employer Mandate Is Here
The year 2015 is already half over ' which means that the Affordable Care Act's (ACA) employer "play or pay" mandate, which has been delayed, in total or in part, twice, is very much in play. On July 2, 2013, the Administration delayed the employer mandate for employers with more than 50 employees until 2015. Then on Feb. 10, 2014, the Administration extended time to provide health insurance to full-time employees to certain employers.
Fighting to Win: A General Counsel's Perspective on Retaining Outside Counsel
Myriad lawsuits are brought on behalf of consumers who allege that buyers of various food and beverage products are harmed because they consume products with labels promoting specific attributes or claims such as "better for you" or "all natural." How do you retain outside counsel?
Long-Awaited Guidance on L-1B Visa Category Released
The highly anticipated draft Policy Memorandum (L-1B Memo) addressing the qualifying criteria for the L-1B visa category was released by U.S. Citizenship and Immigration Services (USCIS) on March 24, giving immigration practitioners and employers clear guidance on the definition of "specialized knowledge" and the standard of review USCIS adjudicators should apply when evaluating L-1B petitions.
How to Successfully Integrate Lateral Partners
There are two ways lateral partner recruiting can grow the revenues of a law firm. The first is through the acquisition of additional client relationships brought to the firm by the lateral partner. The second is the added work generated by the lateral partner serving more of the legal needs of the firm's existing clientele.
Browse, Click, Sign, Enforce?
Signing, dating and keeping a record of a paper contract are standard practice ' but what about those that are native to websites, mobile apps and other digital platforms, and use such language as "Terms of Use," "Terms of Service," "Privacy Policies" and disclaimers? How do you track who is agreeing to what and when they agreed?
<b><i>Media & Communications:</i></b> Communicating Value in a Buyer's Market
It's easy to lose sight of purpose in a law firm ' especially as marketers. All the amazing opportunities "The Information Age" brings quickly deflate against the unresponsiveness or death-by-consensus model of law firm leadership. In these moments of defeat, the temptation to settle is strong. But we can help.

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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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