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Fighting for Cats and Dogs Image

Fighting for Cats and Dogs

Jaime L. Jano & Albert Momjian

Pets are often overlooked when it comes to divorce, and their status in the law is uncertain. A look at recent case law.

Features

Criminal Intent and the So-Called 'Red Flag' Theory Image

Criminal Intent and the So-Called 'Red Flag' Theory

Stanley S. Arkin & Howard J. Kaplan

The "red flag" theory carries the danger of fostering undeserved prosecutions, for so much of it involves the feelings or the opinions of the prosecutor ' and conceivably of a jury.

Features

Effecting Change in Franchise Networks Image

Effecting Change in Franchise Networks

David J. Kaufmann

This two-part series looks at the law governing a franchisor's ability to effectuate broadscale changes to its network. Part Two herein examines franchise network change triggered by an acquisition of the franchisor.

Features

NLRB Rejects Employer's Attempt to Limit Rights Under the NLRA Image

NLRB Rejects Employer's Attempt to Limit Rights Under the NLRA

Kevin McCormick

On June 2, 2011, an NLRB Administrative Law Judge (ALJ) found that parts supplier Supply Technologies, LLC unlawfully required employees to sign up for a comprehensive grievance and arbitration system that would eliminate their rights under the NLRA ' and then discharged 20 employees when they refused to do so.

Features

Courts Clarify Damages Caps Under Federal Employment Discrimination Statutes Image

Courts Clarify Damages Caps Under Federal Employment Discrimination Statutes

E. Fredrick Preis, Jr. & and Joseph R. Hugg

Recent decisions by federal Courts of Appeals in the First and Fifth Circuits shed light on two issues critical to the question every employer asks after being served with an employment discrimination lawsuit: "What's the worst that can happen?

Features

What's New in the Law Image

What's New in the Law

Robert W. Ihne

Highlights of the latest equipment leasing law.

Features

Restitution for Internal Investigation Costs Under the MVRA Image

Restitution for Internal Investigation Costs Under the MVRA

Christopher J. Hunter

Businesses that are forced to undertake internal investigations are victimized not only by the fraud the investigation uncovers, but also by the costs expended to uncover it. To restore your company to its "prior state of well-being," a restitution order should account for both types of harm.

Features

Law Firm Capital Image

Law Firm Capital

Stephen M. (Pete) Peterson

This article provides strategies for creating a sustainable capital plan.

Features

Court Watch Image

Court Watch

Cynthia M. Klaus & Pamela N. Merkle

Highlights of the latest franchising cases from around the country.

Features

To File Jointly or Not to File Jointly? That Is the Question Image

To File Jointly or Not to File Jointly? That Is the Question

Jonathan Hoffman & Lynne Z. Gold-Bikin

Joint tax returns, while financially beneficial from a tax perspective, may lead to significant problems once litigation ensues. Here's why.

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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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