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Cybersecurity Practices Booming In Era of the Breach
The cybersecurity woes of companies like Target and Sony in 2014 and Anthem last month have meant a busy start to 2015 for law firm data-privacy and security practices.
Castle Defense
The battle over expert testimony on patent damages harkens back to the middle ages when would-be attackers developed new strategies for laying siege to a castle, defensive counter-measures were developed to thwart those siege tactics. As plaintiffs have introduced expert testimony based on novel patent damages theories, defendants have asked courts to fulfill their gatekeeping role by preventing certain types of expert testimony from reaching the jury.
Franchisor Wins IP Dispute
In bankruptcy, the debtor is entitled to reject (not perform) burdensome contracts. For franchise agreements that contain trademark licenses, the effects of rejection are decided on a case-by-case basis. Sometimes the licensees of the trademarks can continue to use the trademarks over the objection of the franchisor and sometimes not. This issue arose in the Crumbs Bake Shop case in connection with the sale of its assets.
Time Tracker by eBillity
For more than a decade we tracked our lawyers' time and generated bills using various iterations of Sage Timeslips, which ran on a backend server tucked away in our office. But over the last several years, we noticed Timeslips began to slow down. It reached the point that time tracking and billing, an unpleasant and time-consuming distraction at the best of times, became far more painful than it needed to be.
<b><i>Online Extra</b></i> FTC Cracks Down on Online Reviews
A company that touted its online reviews without mentioning that it gave customers who wrote them a discount settled deceptive advertising charges with the Federal Trade Commission on Feb. 27.
<b><i>Online Extra</b></i> Ninth Circuit Agrees to Revisit Ruling in Model Rape Case
With urging from Facebook, Craigslist, eBay and others, the Ninth Circuit has agreed to reconsider a controversial ruling about website operators' duty to warn about potential harm by third parties.
<b><i>Online Extra</b></i> Troll or Copyright Crusader? Freeplay Trades Lawsuits with YouTube Giants
A week after being labelled a 'troll' for allegedly extorting licensing fees from businesses that manage YouTube video channels, the music publisher Freeplay Music Inc. showed it's nowhere near backing down from enforcing its copyrights.
<b><i>Online Extra</b></i> Suit Over Teacher's Anti-Gay Facebook Comments Can Proceed
A teacher in Union Township in Union County, NJ, who faced tenure charges over her anti-gay postings on Facebook can proceed with her civil rights suit against the school district, a federal judge in Newark has ruled.
<b><i>Online Extra</b></i>FCC Approves Net Neutrality Proposal
By a 3-to-2 vote, the Federal Communications Commission on Feb. 26 approved a significant change in rules to promote 'net neutrality.'
Upcoming Event
SXSW Music Conference 2015 CLE Program. Austin, TX, March 20-21

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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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