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Features

<i>Pok'mon Go</i> Raises a Variety of Liability Issues Image

<i>Pok'mon Go</i> Raises a Variety of Liability Issues

Robert D. Lang

Every generation has its own new fads, which can sweep across the country, if not the world, seemingly from nowhere, capturing the imagination and attention of millions. With the exception of a few fads, these activities, however brilliant or mindless, do not create legal issues and potential litigation involving those who participate. <i>Pok'mon Go</i> is one of those exceptions.

Features

Challenges in Solar Equipment Finance Image

Challenges in Solar Equipment Finance

Jennifer L. Howard & Kenneth P. Weinberg

Growth in solar-generation capacity has not been evenly distributed across the country, as some states' policies and laws are solar-friendly, while those in other states pose barriers. One such barrier in many states is the lack of access to financing.

Features

Downgraded: Industry Growth Forecast For 2016 Image

Downgraded: Industry Growth Forecast For 2016

The Equipment Leasing &amp; Finance Foundation has released its Q3 update to the 2016 Equipment Leasing &amp; Finance U.S. Economic Outlook, reducing the year's growth expectations to just 0.9%.

Features

How to Understand and Protect the Data in Your Enterprise Image

How to Understand and Protect the Data in Your Enterprise

Bill Lederer

Especially in a time where cybersecurity remains in the headlines on a regular basis, it's crucial to understand what data exists in order to protect it. Where's your data? What if you lost track of some of it? What if attackers copied it?

Features

EU-U.S. Privacy Shield Finalized Image

EU-U.S. Privacy Shield Finalized

Jonathan Armstrong & Andre Bywater

The European Commission concluded more than six months of negotiations both within the EU institutions and with the U.S. on July 12 with the announcement that an agreement had been reached on the Privacy Shield scheme to transfer data from the EU to the U.S.

Features

Standing the Test of 'Time Is of the Essence' Image

Standing the Test of 'Time Is of the Essence'

Eric Rubenstein & John Chillemi

Real estate purchase and sale contracts have included the magic language, "Time is of the Essence" (TOE), seemingly since time immemorial. Practitioners should be mindful, however, of the meaning of TOE and the significance of its absence from a contract.

Columns & Departments

Case Notes Image

Case Notes

Cases involving a non-paying restaurant tenant and statutory theft.

Features

Federal Circuit Provides Clarity For Contract Manufacturing On-Sale Invalidity Claims Image

Federal Circuit Provides Clarity For Contract Manufacturing On-Sale Invalidity Claims

Daniel Melman

In <i>The Medicines Company v. Hospira</i>, the Federal Circuit provided clarity and guidance to companies that rely on contract manufacturing, holding that "to be 'on sale' under '102(b), a product must be the subject of a commercial sale or offer for sale, and that a commercial sale is one that bears the general hallmarks of a sale pursuant to Section 2-106 of the Uniform Commercial Code."

Features

Six Keys to a Successful Law Firm Merger Image

Six Keys to a Successful Law Firm Merger

J. Mark Santiago

Over the past two years I have been involved in three merger situations and I am currently working on two more. I have come away with six factors that, I believe, determine the success or failure of law firm merger discussions.

Features

<i>Cuozzo</i> Upholds PTAB Authority Image

<i>Cuozzo</i> Upholds PTAB Authority

Jennifer R. Bush & Will Pierog

In June, in <i>Cuozzo Speed Technologies</i>, the Supreme Court upheld the prior Federal Circuit decision that a patent owner cannot, in most circumstances, appeal the decision of the Patent Trial and Appeal Board to institute an inter partes review.

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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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