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Columns & Departments

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Bit Parts

Stan Soocher

Complaint States Direct Infringement Claim Against Fan Websites Operator<br> Direct Seller WWE Wins <i>Ex Parte</i> Order for Stopping Merchandise Counterfeiters

Columns & Departments

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IP News

Howard J. Shire & Wyatt Delfino

Licensor Lacks Standing to Sue Where No Rights in Patent Were Retained

Columns & Departments

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Real Property Law

ALM Staff & Law Journal Newsletters

In-depth analysis of key cases of interest.

Columns & Departments

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Counsel Concerns

Gina Passarella

A Philadelphia-based litigation funding company is suing a California law firm and its client over the alleged failure to repay funds loaned to help support the client during his copyright suit against musical artist Usher and various record labels.

Columns & Departments

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Drug & Device News

ALM Staff & Law Journal Newsletters

Discussion of case in which an appeals court upheld a $10 Million Motrin verdict.

Columns & Departments

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Landlord & Tenant

ALM Staff & Law Journal Newsletters

A ruling in which modifications to the lease did not release the guarantor.

Columns & Departments

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On the Move

ALM Staff & Law Journal Newsletters

Who's going where; who's doing what.

Columns & Departments

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Movers & Shakers

ALM Staff & Law Journal Newsletters

Movement among franchise attorneys and executives.

Columns & Departments

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Verdicts

ALM Staff & Law Journal Newsletters

In-depth analysis of a recent ruling.

Columns & Departments

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Bit Parts

Stan Soocher

Cartoon Network Mobile App Users Android ID Isn't "Personally Identifiable Information" under the Video Privacy Protection Act<br>Court Says Republication Rule Alive in Tennessee But Dismisses Defamation Claims by Disqualified American Idol Finalist<br>Toto Denied 50% Royalty for Digital Download Sales

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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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