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<b>Practice Notes: </b>Reality TV Shows Give Lawyers New Client Base Image

<b>Practice Notes: </b>Reality TV Shows Give Lawyers New Client Base

Drew Combs

The rise of reality TV may have hurt the market for writers and actors, but it has provided an additional income stream for a select group of entertainment attorneys. One reason: union rules governing wages, breaks and time worked don't apply to reality shows. As a result, media companies can hire people who are happy, at least initially, to be on TV for little pay.

Features

<b><i>Persona Rights on Trial</b></i> Inside the Nevada Litigation by Bob Marley's Heirs Against the Unauthorized Use of Marley's Image Image

<b><i>Persona Rights on Trial</b></i> Inside the Nevada Litigation by Bob Marley's Heirs Against the Unauthorized Use of Marley's Image

Barry E. Mallen & Paul Bost

Celebrities have often used claims of unfair competition by false association or false endorsement under '43(a) of the federal Lanham Act as a basis for recourse against the unauthorized use of aspects of their identities and personas. The potency of a celebrity association claim was recently reinforced in the U.S. District Court for the District of Nevada.

Features

Closing the Profit Motive in the CAN-SPAM Act Image

Closing the Profit Motive in the CAN-SPAM Act

Richard Raysman & Peter Brown

Recently, a number of small entities and e-mail service providers have sought to use the CAN-SPAM Act to profit from the receipt of spam, but have faced increased scrutiny from federal courts. This article discusses the CAN-SPAM Act generally, some notable spam judgments, and recent decisions interpreting the standing requirements under the federal statute.

Features

Responding to Bullying Image

Responding to Bullying

Jerome A. Wisselman & Lauren Chartan

With the advent of New York's recently amended legislation permitting Family Courts to issue orders of protection in certain bullying cases, attorneys in family practice have a new reason to assist clients with these matters.

Features

Retreating in Order to Advance Image

Retreating in Order to Advance

Joel A. Rose

Law firms are increasingly turning to retreats to help solve their management problems, improve personal relationships, and increase team spirit. But a retreat will not succeed unless adequate time and effort have gone into the planning process.

Features

Managing Employees on Social Media Image

Managing Employees on Social Media

Kyle-Beth Hilfer

With social media here to stay and smart mobile devices abounding in offices, employers need to accept that they cannot legally or practically shut down the conversation. Here's what to do.

Features

An Overview of Elevator and Escalator Liability Image

An Overview of Elevator and Escalator Liability

Brian P. Heermance & Kevin A. Hickman

This article examines the basic considerations and issues that arise in litigation involving injuries sustained while using elevators and escalators in New York State.

Features

In the Spotlight: Landlord's Waiver or Subordination to Tenant's Lender's Security Interest Image

In the Spotlight: Landlord's Waiver or Subordination to Tenant's Lender's Security Interest

Jay Gitles

This article asks the question: waive or subordinate? An in-depth discussion.

Features

The 'Ordinary Prudence' Standard in Mail and Wire Fraud Cases Image

The 'Ordinary Prudence' Standard in Mail and Wire Fraud Cases

Jefferson M. Gray

To establish the required element of a scheme to defraud, it is necessary for federal prosecutors to prove that the scheme was "reasonably calculated to deceive persons of ordinary prudence and comprehension.

Features

What Corporate Counsel Need to Know About Managing Deposition Costs Image

What Corporate Counsel Need to Know About Managing Deposition Costs

Stewart Weltman

This article provides some guidance to in-house counsel as to how to better manage your outside counsel in limiting this deposition costs. This boils down to deciding who should or should not be deposed.

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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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