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Features

Evolving Online Advertising Techniques Image

Evolving Online Advertising Techniques

Alan L. Friel

The federal government roared into March like a lion on online advertising, privacy and data'security practices, but hardly left like a lamb.

Features

Reviving the Not'Quite Dead Image

Reviving the Not'Quite Dead

Stanley P. Jaskiewicz

Congress passed the Restore Online Shoppers' Confidence Act ("ROSCA") to great public acclaim late last year. But was the new law necessary? Dictionary.com defines restore in several parts, but all refer to bringing back something "lost" or "dead." Looking at recent online business statistics, though, how can anyone reasonably believe that online shopping was "lost" or "dead," much less in need of the "restoration" desired by the new law's authors?

Features

Assumption of Liabilities Image

Assumption of Liabilities

Patrick J. Leddy, Charles M. Oellermann & Joseph M. Witalec

A buyer purchases certain assets and assumes certain liabilities of a seller under an asset purchase agreement. However, after the transaction closes, the buyer files for bankruptcy under Chapter 11 of the Bankruptcy Code and eventually rejects the asset purchase agreement. From a deal lawyer's perspective, the issue is: What impact does the bankruptcy filing and the contract rejection have on the carefully drafted, thoroughly negotiated asset purchase agreement?

Features

What's New in the Law Image

What's New in the Law

Robert Ihne

Highlights of the latest equipment leasing cases.

Features

How Will 100% Bonus Depreciation Impact Like Kind Exchange Programs for Lessors in 2011? Image

How Will 100% Bonus Depreciation Impact Like Kind Exchange Programs for Lessors in 2011?

Jeff Nelson

With the enactment of 100% bonus depreciation under the "Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010," many companies with active Like Kind Exchange programs are wondering whether it makes sense to suspend their LKE programs for the balance of 2011.

Features

Non-Compete and Trade Secret Concerns for In-house Lawyers Image

Non-Compete and Trade Secret Concerns for In-house Lawyers

Michael Greco

Here is a Top Ten list of concerns for in-house lawyers and the companies they represent.

Features

Separation and Settlement Agreements Image

Separation and Settlement Agreements

Bill Wortel

This article contains tips for drafting effective separation and settlement agreements that maximize the employer's return on its severance or settlement payments to departing or former employees.

Features

What's Private in the Private Workplace? Image

What's Private in the Private Workplace?

Wendi S. Lazar & Seth M. Marnin

Unlike their public sector counterparts, private-sector employees have historically enjoyed little protection against unreasonable property searches by their employers. Is the legal landscape changing?

Features

Law Department Highlights, Trends and Myths Image

Law Department Highlights, Trends and Myths

Daniel J. DiLucchio

For the eleventh consecutive year, Altman Weil has conducted a Chief Legal Officer (CLO) Survey on issues of importance in managing corporate law departments.This article discusses selected results of the recent survey.

Features

The New Temporary Maintenance Guidelines Image

The New Temporary Maintenance Guidelines

Karen M. Platt & Alton L. Abramowitz

There has been much criticism of the new temporary maintenance awards (DRL ' 236B(5-a)) and their shortcomings. For the moment, we need to live with the statute in its current form. To that end, following is a user guide to the new statute.

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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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