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Four Ways Big Data Can Help Win Your Next Case Image

Four Ways Big Data Can Help Win Your Next Case

Lauren Bakewell

Analyzing data and providing the right kind of data is critically important to every aspect of legal activities. When you're expecting data to act as a secret weapon in the sales process, the courtroom, or to provide a strong foundation for your firm, the quality of your information is priceless. To uphold your firm's integrity and ensure its success, it's time to get your staffers off Google and arm them with data intelligence.

Features

The Internal Audit Function Image

The Internal Audit Function

William L. Floyd

Among the many responsibilities of an audit committee, overseeing the function of internal audit can be among the more challenging and complex. As a result, it is common for an internal audit function to be required and the scope of that function subject to the oversight of the audit committee. From a governance perspective, what is the mission of internal audit?

Features

Social Media Influencers and the FTC Image

Social Media Influencers and the FTC

Thomas Harvey

Brand owners and their attorneys are grappling with an important question: How to disclose their connections to luminaries like PewDiePie.

Features

Intern Lawsuits Move to State Court; Face Class Decertification, Labor Test Uncertainties Image

Intern Lawsuits Move to State Court; Face Class Decertification, Labor Test Uncertainties

Jason Grant

The cases left on the docket feature a glitzy list of Manhattan-based fashion and media defendants ' Dolce & Gabbana, Ralph Lauren, Giorgio Armani, CBS, Simon & Schuster and many others. More than 40 "active" lawsuits in all, claiming that the companies' unpaid internship programs violated employment laws.

Features

Cross-Border Leasing Image

Cross-Border Leasing

Matthew Nied

Court-appointed receivers typically assume control over all of a debtor's property, including the debtor's leased equipment. The receivership order will also typically grant the receiver a priority charge over the debtor's assets in order to secure the receivers' fees and other costs. This is sometimes a point of contention with equipment financiers who would rather have their equipment excluded from the receivership.

Features

<i>Decision of Note:</i> 'Buck Rogers' Dilution Claim Remains in Play Image

<i>Decision of Note:</i> 'Buck Rogers' Dilution Claim Remains in Play

Stan Soocher

The U.S. District Court for the Eastern District of Pennsylvania dismissed a false designation-of-origin claim under the federal Lanham Act in a "Buck Rogers" trademark dispute, but allowed the plaintiff to proceed with a trademark dilution claim under the federal statute.

Features

Challenges in Solar Equipment Finance Image

Challenges in Solar Equipment Finance

Jennifer L. Howard & Kenneth P. Weinberg

This article is the second in a two-part series exploring state law limitations on various methods of financing solar equipment. It explores the laws in various states related to solar leases and the differences between solar leases and PPAs, as well as the implications of such laws on the financing industry and its customers.

Features

Tallying States' Activity on Fantasy Sports Image

Tallying States' Activity on Fantasy Sports

Cheryl Miller

New York Attorney General Eric Schneiderman had declared online fantasy sports a form of illegal gambling, ordering industry giants DraftKings and FanDuel to shut down operations in a state that generated about 10% of the companies' revenues. The companies countered by suing. Then, faced with enormous legal costs, the companies chose a second course of action. They would pursue state legislation to legitimize their operations while offering consumer protection language ' and a cut in revenues ' in return.

Features

Website Arbitration Clauses Image

Website Arbitration Clauses

Bruce A. Langer

In a recent U.S. Eastern District decision, the court compelled arbitration of a dispute based on language contained in the Terms of Use on an Internet access provider's website. The language contained an operative arbitration clause that the court found binding on the plaintiffs. Plaintiffs claimed the clause was not apparent to them and therefore they never provided any consent to arbitrate.

Features

The Internet Is Not a Consequence-Free Zone Image

The Internet Is Not a Consequence-Free Zone

Hajir Ardebili & Jamie Zagoria

The widespread use of social media, and the corresponding ability to create, share, and misappropriate content ' all in an instant ' has radically increased the number of unwitting copyright owners and infringers.

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    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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