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e-Discovery
In recent years, the need to treat e-discovery as a repeatable, streamlined process has been well-evidenced by a series of U.S. court opinions citing a wide range of e-discovery failures, including those related to preservation of electronically stored information (ESI), document productions and identification of potential custodians.
<b><i>Voice of the Client:</i></b> Trusted Adviser?
What is a Trusted Adviser and how do you become one, thereby deepening and strengthening a relationship? The authors explains.
Workplace Bullying Laws and Litigation
In recent years, there has been growing awareness about the serious and sometimes tragic effects of bullying. It is a serious concern on social media, in schools, and at work. While no state, or the federal government, has adopted laws explicitly outlawing bullying in the private sector, employers are well advised to proactively take steps to prevent workplace bullying.
Social Media and Hiring Concerns
Less than a decade ago, employers large and small would typically evaluate and hire potential employees on the basis of some fairly standard assessment tools: job applications and/or resumes; in-person interviews; personal and professional references; and transcripts or test scores.
The New Attorney General and You
Loretta Lynch, formerly United States Attorney for the Eastern District of New York, likely will be the newly confirmed Attorney General of the United States by the time you read this. As spectacle, a changing of the guard is always worthy of note. But for others who are embroiled in or worried about investigations, the change may matter a great deal.
<b><i>Practice Tip:</b></i> Health Savings Accounts As Assets in a Divorce
As health care options continue to evolve, there has been a proliferation of high-deductible plans with the most popular being a health savings accounts (HSA). This plan takes advantage of the unique tax rules created by the IRS to maximize pre-tax contributions and appreciation on investments made within the account.
The Demise of the Four-Year Rule?
In <I>Conason v. Megan Holding, LLC,</I> the Court of Appeals affirmed a rent overcharge determination when the first overcharge alleged occurred more than four years before tenant's assertion of the overcharge complaint, affording tenant a remedy against an unscrupulous landlord despite the language of CPLR 213-a.
Content Marketing
According to a recent survey, 80% of law firm CMOs believe content marketing is an important marketing and business development strategy and 84% expect to increase the amount of content they are producing. With so much emphasis on content marketing, what can firms do to help make their initiatives as successful as possible?
The Internet User's Duty of Care
The duty one Internet user has to another has changed, particularly with respect to cybersecurity and privacy. Negligence by Internet users has enabled hackers and creators of viruses to exploit computer systems and engage in crime and unwanted computer intrusions.
The Times, They Are A-Changin'
As more and more commercial clients move their legal teams in-house, competition among law firms continues to grow. With the legal industry still feeling negative impacts from the financial crisis, a considerable number of law firms have been pooling expertise and gaining market share through mergers and acquisitions.

MOST POPULAR STORIES

  • 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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