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Features

Handling IP Ownership Issues In Remote Work Image

Handling IP Ownership Issues In Remote Work

Sarah Schaedler & Jennifer T. Criss

Even with legal assumptions that certain intellectual property rights in works created by employees are owned by the employer, these should not be relied upon exclusively. A well-drafted employee-agreement form is increasingly essential in light of the explosive growth of remote and flexible work arrangements.

Features

J&J Gets Stay In Talc Chapter 11 Dismissal Image

J&J Gets Stay In Talc Chapter 11 Dismissal

Amanda Bronstad

Johnson & Johnson's talc bankruptcy may be on its last legs, but it's still standing — at least for a while. On February 13, Johnson & Johnson subsidiary LTL Management petitioned the U.S. Court of Appeals for the Third Circuit to rehear its Jan. 30 decision dismissing its Chapter 11 case

Columns & Departments

Players On the Move Image

Players On the Move

ELF Staff

A look at moves among attorneys, law firms, companies and other players in entertainment law.

Columns & Departments

Development Image

Development

NYRE Staff

Neighbor Lacked Standing to Challenge Nonconforming Use Determination Parking Congestion Allegations Insufficient to Confer Standing Council's Approval of PUD Upheld Neighbor Had No Standing to Challenge SEQRA Determination

Columns & Departments

Fresh Filings Image

Fresh Filings

ELF Staff

Notable court filings in entertainment law.

Columns & Departments

Real Property Law Image

Real Property Law

NYRE Staff

Open Use of Driveway Provides Constructive Notice of Unrecorded Easement Subsequent Purchaser Qualifies As Bona Fide Purchaser Despite Notice of Prior Purchaser's Appeal Notice of Pendency Not a Substitute for Recording Defect In Original Foreclosure Precludes Reforeclosure Sellers Who Paid Tax Are Entitled to Refund of Overpayment Easement Holder Has Right to Erect Dock

Features

Fifth Circuit Adds Color to Abstention Issue Image

Fifth Circuit Adds Color to Abstention Issue

Francis J. Lawall & Brenden Dahrouge

Rules Bankruptcy Court Lacked Jurisdiction to Decide State-Governed Question Jurisdictional boundaries within the federal system as between bankruptcy and district courts as well as various federal agencies can be a maze that is at times nearly impossible to navigate. Further complicating matters are those cases involving state-regulated issues that add abstention to the mix.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Sixth Circuit Affirms Late Don Everly's Sole Authorship Right to Everly Brothers' 1960 Hit "Cathy's Clown"

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

NYRE Staff

Issues of Fact Preclude Summary Judgment on Habitability Claim

Features

Music Rates and Royalties In 2023 Image

Music Rates and Royalties In 2023

Jeff Brabec & Todd Brabec

Part One of a Two Part Article A look at the most important music rate and royalty areas, both past, present and future and how and by whom they are set or determined as well as the effect that legislation, litigation, the Copyright Royalty Board and the Department of Justice have had on the process.

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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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