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With All Due Deference
In the courtroom, a business transaction, or on a ball field, a loss can also be a victory. Such is the case for employees in the matter of <I>Nielsen v. AECOM Technology</I>, decided by the Second Circuit Court of Appeals in August 2014.
Analyzing Advertiser Liability for Blogger Reviews
This holiday shopping season, millions of Americans will look to their social media friends or favorite bloggers for advice when deciding which gifts to buy. And with over 42 million blog sites in the United States alone, there are plenty of "peer" opinions to consider. But are consumer-generated product-related reviews or commentary always the mere opinion of the person posting them, as many readers may believe?
Over-Secured Lenders and Requests for Attorneys' Fees
The United States Court of Appeals for the Fifth Circuit recently reaffirmed the long-established rule that an over-secured lender's legal and other fees are subject to court approval as reasonable under section 506(b) of the Bankruptcy Code.
Abercrombie and Title VII's Broad Definition of Religion
The U.S. Supreme Court recently granted <i>certiorari</i> in a religious accommodation case involving a Muslim teenager who was denied a job at an Abercrombie &amp; Fitch store because she wore a black headscarf, or hijab, to her job interview.
In the Spotlight: Rights of First Offer
As the competition to clear vacancies escalates in many office leasing markets, more prospective tenants are able to extract concessions that were once only the province of larger users. This article discusses one of those concessions ' the "right of first offer" or "ROFO."
Court Watch
California Court Refuses to Enforce Forum Selection Clause Post- Atlantic Marine
End-of-Life Nursing Care
Medical malpractice suits involving nurses who are caring for patients at the end of life are rare. However, they can occur. Nurses can protect themselves by understanding the needs of patients and families at this critical time, by following approved standards of care and by thoroughly documenting their work.
The Settlement Privilege and the Threat of Legal Action
Is there a time when extortionate threats of meritless litigation become a criminal act that should be exempt from the settlement privilege? This article explores the question.
Good Faith: The European View
In May of this year, we published an article titled "Franchise Agreements and the Duty of Good Faith In European Civil Law," the first part of this two-part study. The discussion concludes herein.
Anti-Assignment Clause?
The commencement of a Chapter 11 bankruptcy case by a tenant will typically give rise to myriad issues and challenges for a commercial landlord, based upon various Bankruptcy Code provisions that may, and often will, change the parties' otherwise applicable rights and obligations pursuant to the terms of the lease and applicable non-bankruptcy law.

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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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