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Features

'Gig Economy' Guarantees Image

'Gig Economy' Guarantees

Nicole M. Zayac

Much has been written lately about this recent business concept that appears to be changing the way people work, and the nature of traditional jobs. Some of these companies have already become familiar household names ' Uber, Lyft, Airbnb and TaskRabbit ' and new companies that embrace this business model continue to emerge.

Features

ACA-Related Retaliation Claims Image

ACA-Related Retaliation Claims

E. Fredrick Preis, Jr. & Rachael Jeanfreau

This article briefly summarizes the ACA's employer mandate and highlights the anti-retaliation provisions applicable to complaints of ACA violations. Next, the article summarizes the "Break Time for Nursing Mothers" law added to the Fair Labor Standards Act (FLSA) by the ACA, and highlights the anti-retaliation provision applicable to this law. Last, the article suggests ways for employers to reduce the risk of employee retaliation claims.

Features

How Startups Can Protect Consumer Privacy and Enhance Cybersecurity Image

How Startups Can Protect Consumer Privacy and Enhance Cybersecurity

Bill O'Connor

Many startup businesses collect and store vast amounts of personally identifiable information (PII) from consumers, but often fail to adequately protect the privacy of this consumer information. There could be many reasons for this, but it is likely the result of limited budgets and priorities.

Features

First Amendment and Trade Secrets Issues In Government/Private Promoters' Live Events Image

First Amendment and Trade Secrets Issues In Government/Private Promoters' Live Events

Stan Soocher

Many local governments operate live event venues. Unlike dealing with private venues, concert promoters and producers might bring First Amendment free speech claims against government-controlled event facilities over how a local government chooses which promoters/producers with which to work. There's also the issue of whether the governmental authority or a private promoter owns ticket subscriber information that the private promoter generates through its live events work at a government-controlled venue.

Features

Leasing and Finance Industry Economic Outlook Image

Leasing and Finance Industry Economic Outlook

ALM Staff & Law Journal Newsletters

The Equipment Leasing & Finance Foundation's 2016 Equipment Leasing & Finance U.S. Economic Outlook reports that investment in equipment and software is expected to grow by a modest 4.4% in 2016.

Features

Google's Gleaning Of Children's Info Eyed By Third Circuit Image

Google's Gleaning Of Children's Info Eyed By Third Circuit

P.J. D'Annunzio

A debate over whether Google has the ability to glean children's personal information from websites they visit took center stage last month during arguments before the U.S. Court of Appeals for the Third Circuit.

Columns & Departments

Court Watch Image

Court Watch

Charles G. Miller & Darryl A. Hart

Former Franchisee Held in Contempt; Attorneys Have Trouble With Fee Request <br>Forum Selection Clauses Are Alive and Well

Features

Bonuses and the Reality of Big Law Associate Compensation Image

Bonuses and the Reality of Big Law Associate Compensation

Neil Gluckman

In December, Cravath, Swaine &amp; Moore circulated an internal memo setting associate bonuses according to the same scale set in 2014 by Davis Polk &amp; Wardwell. First- and second-year associates will receive up to $15,000, while senior associates can make as much as $100,000.

Features

Problems with the New Test for Joint-Employer Status Image

Problems with the New Test for Joint-Employer Status

Matthew R. Porio

This past summer, the NLRB reversed over 30 years of precedent and adopted a new, more expansive and ambiguous standard for determining joint employer status. The new standard promises to entangle businesses with only tenuous links to another employer's workforce in a morass of collective-bargaining obligations and unfair labor practice liability for workforces over which they exercise no actual control.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Fair Use of Abbott and Costello "Who's on First?" Comedy Routine<br>Voice Sample in Beyonc' Hit Didn't Violate Plaintiff's Right of Publicity

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    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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