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Employer's Guide to GINA Image

Employer's Guide to GINA

John D. Shyer & Kevin Kay

GINA was enacted out of concern that discrimination based upon a person's genetic information could result in the loss of health coverage or employment. Here's what employers need to know.

Features

<b><i>Online Exclusive</b></i>Second Circuit Shelves Freelancers' Pact With Publishers and Databases Image

<b><i>Online Exclusive</b></i>Second Circuit Shelves Freelancers' Pact With Publishers and Databases

Brendan Pierson

A federal appellate court has thrown out a class action settlement between freelance writers and online publishers and databases that archived the writers' work without pay, saying that the pact approved by the lower court did not represent the interests of all class members.

Features

<B><I>BREAKING NEWS:</b></i> <b>HP Acquires Autonomy for $10B Image

<B><I>BREAKING NEWS:</b></i> <b>HP Acquires Autonomy for $10B

Evan Koblentz

Hewlett-Packard made its most aggressive move yet to transform itself into a modern business provider by acquiring e-discovery and document management giant Autonomy for $10.3 billion.

Features

Keyword Advertising and Trademark Infringement Update Image

Keyword Advertising and Trademark Infringement Update

Richard Raysman & Peter Brown

This article reviews keyword advertising generally and discusses recent developments in keyword litigation.

Features

How Joint Venture Was Developed for Touring Bands Image

How Joint Venture Was Developed for Touring Bands

Amanda Bronstad

This year, three bands boarded a vintage train for a tour through the American Southwest. The bands formed a joint venture to manage their Railroad Revival Tour and control revenues and related intellectual property, including a documentary DVD. <b>Matthew V. Wilson</b>, an associate at Atlanta, GA's Arnall Golden Gregory who structured the deal, describes the arrangement in the following interview.

Features

Analysis of Decision By Supreme Court on Video Games Image

Analysis of Decision By Supreme Court on Video Games

James Chadwick & Thayer Preece

Supreme Court Justice Antonin Scalia and his teammates recently mowed down California's ban on violent video games with fully loaded First Amendment precedents and barbed retorts to opposing arguments. In doing so, the U.S. Supreme Court reinforced a fundamental point: First Amendment protections do not depend on the medium of communication. Thus, video games are protected speech, and restrictions based on their content will be subject to strict scrutiny.

Features

State Legislatures Consider UCC Article 9 Amendments Image

State Legislatures Consider UCC Article 9 Amendments

Alan M. Christenfeld & Barbara M. Goodstein

In early 2009 we reported about the formation by the Uniform Law Commission and the American Law Institute of a drafting committee to consider the first comprehensive set of changes to Article 9 of the Uniform Commercial Code since the amendments approved in July 1998. Given that approximately six months have elapsed since the launch of the legislative approval process for the 2010 amendments, we thought it an opportune time to review the progress of adoption of these amendments.

Features

The Case of the Broken Checklist Image

The Case of the Broken Checklist

Stanley P. Jaskiewicz

Intellectual property rights, such as a domain name, and trademarks and copyrights, can far outweigh an e-commerce enterprise's (and other types of businesses') tangible assets in value &mdash; and must be covered in the checklists that loan officers and outside counsel review to complete loan documentation.

Features

Protecting IP Rights in a New gTLD World Image

Protecting IP Rights in a New gTLD World

Elisa Cooper

The International Corporation for Assigned Names and Numbers, the international body governing Internet naming and addressing practices, approved in June a plan that allows for a virtually unlimited number of new generic top-level domains (new gTLDs), including new non-English, character-set international domain names. Companies concerned with protecting intellectual property rights have two ways to address the issue &mdash; to the right of the dot and to the left of the dot.

Features

The New Mandatory Self-Disclosure Rule in New Hampshire's Family Division Image

The New Mandatory Self-Disclosure Rule in New Hampshire's Family Division

Jeanmarie Papelian

The new Family Division Rule 1.25-A (Rule) will bring significant changes to the practice of family law in New Hampshire. It requires parties to produce financial information shortly after the commencement of a family court proceeding, without waiting for discovery requests to be propounded.

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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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