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Features

Decision of Note: Race Discrimination Claims Against Charter Cable Can Proceed Image

Decision of Note: Race Discrimination Claims Against Charter Cable Can Proceed

Ross Todd

The Ninth Circuit decided that a group of African-American-owned television networks can pursue racial discrimination claims against Charter Communications Inc., the nation's third-largest cable provider.

Features

Second Circuit Affirms 'ReDigi': No 'Resale' of Digital Music Files Image

Second Circuit Affirms 'ReDigi': No 'Resale' of Digital Music Files

Robert J. Bernstein & Robert W. Clarida

The U.S. Court of Appeals for the Second Circuit recently issued a long-awaited ruling in <i>Capitol Records LLC v. ReDigi Inc.</i>, affirming summary judgment in favor of Capitol Records and its record label co-plaintiffs in a case that raised issues of first impression concerning first sale and fair use in the age of digital music distribution.

Features

Counsel Concerns: Lawyers Battle Over Gears of War Client Image

Counsel Concerns: Lawyers Battle Over Gears of War Client

Lizzy McLellan

A Philadelphia lawyer is suing the founder of a fast-growing litigation boutique over a purported fee-sharing settlement, is arguing that the boutique backed out of the settlement so it could fund other cases against video game makers.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

California Federal Judge Refuses, Among Other Things, to Drop Fiduciary Breach Claim Against AMC Networks over Fear the Walking Dead TV Series<br>New York Appellate Division Decides UMG Recordings Isn't Alter Ego of Cash Money Records<br>

Columns & Departments

Upcoming Event Image

Upcoming Event

ssalkin

SXSW Conference 2019 CLE Program, March 14-16

Columns & Departments

Book Release Image

Book Release

ssalkin

<i>Music Money and Success: The Insider's Guide to Making Money in the Music Business</i> (8th Edition)

Features

Perfecting Film Financiers' Liens in Copyrights Image

Perfecting Film Financiers' Liens in Copyrights

Bruce Goldner

The law on how to perfect a lien in a copyright application is foggy at best. This article sketches out pitfalls of the current process for perfecting a lien on a copyright application, and potential steps that a financier may take to help perfect and protect a film investment.

Features

Decision of Note: 6th Cir. Says No 'Magic Words' to 'Elect' Copyright Statutory Damages Image

Decision of Note: 6th Cir. Says No 'Magic Words' to 'Elect' Copyright Statutory Damages

Stan Soocher

The U.S. Court of Appeals for the Sixth Circuit decided that §504 of the U.S. Copyright Act doesn't require any “magic words incantation” for a copyright infringement plaintiff to choose a statutory damages award, that “[t]he word 'elect' does not by itself require formal procedures.”

Features

No Secondary Liability Seen Yet, By Band's Reps, for Sexual Assault Image

No Secondary Liability Seen Yet, By Band's Reps, for Sexual Assault

ssalkin

A federal judge in Camden, NJ decided that a Christian rock band's management, talent agent and lead singer weren't vicariously liable for the sexual assault of a teenage fan committed by a member of the band.

Features

11th Circuit Says Anti-SLAPP Law Doesn't Belong in Federal Court Image

11th Circuit Says Anti-SLAPP Law Doesn't Belong in Federal Court

R. Robin McDonald

The U.S. Court of Appeals for the Eleventh Circuit rejected an appeal by CNN to dismiss a libel case over the cable network's 2015 investigation of infant deaths at a Florida hospital.

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MOST POPULAR STORIES

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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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    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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