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Key Trends in Franchise Law in 2011 Image

Key Trends in Franchise Law in 2011

ALM Staff & Law Journal Newsletters

<i>FBLA</i> asked leading franchise attorneys and other experts about key trends in franchise law in 2011. Here are their outlooks and their advice about how to prepare for new developments in franchise law and business.

Features

Serving Alcohol at Company Events Image

Serving Alcohol at Company Events

Jonathan A. Segal

By now, the winter holidays are a dim memory, but there are other events that companies may celebrate. Consequently, it is always helpful to review ways to minimize the risks of serving alcohol at company events.

Features

Non-Authority for Non-Recruitment Covenants Under New York Law Image

Non-Authority for Non-Recruitment Covenants Under New York Law

Richard C. Schoenstein

While many employers have written employment contracts with restrictive covenants designed to hinder employees from departing for a competitor, the state and federal courts considering New York law have not uniformly enforced such provisions.

Features

Social Networking Image

Social Networking

Gary S. Kessler & Tony Barbieri

Not only is social networking taking over how we live, work, communicate and "socialize," it is changing how lawyers litigate and practice law.

Features

When Did Intermittent Become a Noun? Image

When Did Intermittent Become a Noun?

Ralph Morris & Ashley Eddy

While dealing with intermittent leave is one of the most difficult issues that HR staff faces, there are certainly some opportunities for employers to control employee abuse.

Features

The Commercial Real Estate Broker's Lien Act Image

The Commercial Real Estate Broker's Lien Act

Steven D. Sallen

The commercial real estate broker's lien act is finally a reality in Michigan.

Features

The New BOMA Method for Measuring Office Building Area Image

The New BOMA Method for Measuring Office Building Area

Richard Shapiro

The Building Owners and Managers Association (BOMA) recently released a new standard for measuring an office building's rentable area. They are explained herein.

Features

New Law Cracks Down On Deceptive Third-Party e-Commerce Practices Image

New Law Cracks Down On Deceptive Third-Party e-Commerce Practices

Michael Lear-Olimpi

A new layer of federal oversight should help protect consumers and ethical e-commerce companies against misleading and name-tarnishing activities of outlaw e-tailers who have ripped off thousands of U.S. consumers. On Dec. 29, President Obama signed the Restore Online Shoppers' Confidence Act, introduced in the Senate early last year by Sen. John D. Rockefeller IV (D-WV), chair of the Senate Committee on Commerce, Science, and Transportation.

Features

Sea Launch ' A Unique Business and a Unique Reorganization Image

Sea Launch ' A Unique Business and a Unique Reorganization

ALM Staff & Law Journal Newsletters

Sea Launch's international ownership and unique capital structure and business model (utilizing a series of treaties between the United States, Russia and the Ukraine) engendered a unique reorganization process, described herein.

Features

Second Circuit Affirms Designation of Secured Lenders' Vote and Effective Cram Down Image

Second Circuit Affirms Designation of Secured Lenders' Vote and Effective Cram Down

Michael L. Cook & Joseph E. Bain

The Second Circuit summarily affirmed a bankruptcy court's designation of a secured lender's vote on a reorganization plan in a two-page order, effectively enabling the debtor to cram down the lender's claim.

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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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