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Aggressive Copyright Positions by Lady Gaga, Burning Man Festival Image

Aggressive Copyright Positions by Lady Gaga, Burning Man Festival

Robert W. Clarida & Robert J. Bernstein

What's at issue is control, obviously, and the great lengths to which some will go to maintain it, even as they benefit from the wide-open, free-flowing viral information torrent of the Internet.

Features

Social Media and Negotiating Celebrity Endorser Morals Clauses Image

Social Media and Negotiating Celebrity Endorser Morals Clauses

Doug Wood

One thing to do when hiring a celebrity endorser is to be certain the contract includes a "morals clause" that permits termination of a contract if the endorser decides to use Twitter, Facebook, LinkedIn, YouTube, etc., to tweet, post or upload offensive comments and materials. Know, however, that celebrity agents are very careful not to let contracts be terminated for bad behavior.

Features

Attorneys in the Cloud May Get ABA Wake-Up Call With Proposed Rules Image

Attorneys in the Cloud May Get ABA Wake-Up Call With Proposed Rules

Marie P. Grady

For lawyers struggling to cut costs and boost efficiency, Internet-based data storage and client service has been a popular alternative. But those who have their heads in the clouds when it comes to client confidentiality concerns may get a wake-up call by the American Bar Association.

Features

Taxing Online Sales Image

Taxing Online Sales

Marcelo Halpern, Amanda Weare, & Lauren Matecki

Illinois Governor Patrick Quinn signed the "Main Street Fairness Act" into law, making Illinois one of a growing number of states seeking to collect sales tax revenues from a retail market traditionally beyond their reach ' the world of online commerce ' by focusing on the role of local online marketing affiliates.

Features

e-Commerce, Total Spending, Rise Again Image

e-Commerce, Total Spending, Rise Again

Michael Lear-Olimpi

Economic data often seems like the weather ' fickle and hard to predict, or rely on. But raw revenue data doesn't lie, and according to U.S. Census Bureau, overall preliminary estimated retail spending and e-commerce sales in the first quarter of this year reached record high.

Features

Federal, State Regulators Offer Updates Image

Federal, State Regulators Offer Updates

Kevin Adler

Representatives from the Federal Trade Commission, the Maryland Attorney General's Office, and the California Department of Corporations updated franchise attorneys about the latest developments in franchise regulation at the International Franchise Association's 44th Annual Legal Symposium.

Features

Franchise Leaders Reflect on Period of Rapid Change Image

Franchise Leaders Reflect on Period of Rapid Change

Kevin Adler

Disruptive technologies, new expectations from franchisees, tight profit margins, and limited access to capital for growth are among the issues challenging franchisors these days. Franchise attorneys must position themselves to help franchisors overcome those issues, or they will be marginalized as business leaders move forward, observed panelists at the International Franchise Association's 44th Annual Legal Symposium, held in May in Washington, DC.

Features

Tax Issues in Employment Mediations Image

Tax Issues in Employment Mediations

Robert W. Wood & Joel M. Grossman

There is surely nothing wrong with preparing a term sheet instead of a formal agreement at the end of mediation. However, it can be a huge mistake to ignore tax issues.

Features

Attorney-Client Privilege and Cross-Border Investigations Image

Attorney-Client Privilege and Cross-Border Investigations

Philip M. Berkowitz

How do U.S. courts resolve the conflicts between U.S. discovery and overseas laws, and in particular the application of the privilege?

Features

FCPA: Recent Enforcement Activity Sounds Warning for Financial Services Industry Image

FCPA: Recent Enforcement Activity Sounds Warning for Financial Services Industry

David S. Krakoff, James T. Parkinson & Bradley A. Marcus

When Cheryl J. Scarboro, Chief of the SEC's Foreign Corrupt Practices Act (FCPA) enforcement unit, remarked in November 2010 that her unit "will continue to focus on industry-wide sweeps and [that] no industry is immune from [FCPA] investigation," the financial services industry would have been wise to take notice.

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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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