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Quarterly State Compliance Review Image

Quarterly State Compliance Review

Sandra Feldman

This edition of the Quarterly State Compliance Review looks at some enacted and pending legislation of interest to corporate lawyers. It also discusses some recent cases of interest, including decisions from Delaware and New York concerning the awarding of attorneys' fees.

Features

<i><b>Product Review</i></b> Is There Really Such a Thing As Social Practice Management? Image

<i><b>Product Review</i></b> Is There Really Such a Thing As Social Practice Management?

Donna Seyle

Law practice management, meet legal productivity, or, as the San Diego developers have dubbed it: social practice management. Welcome to MyCase.

Features

U.S. High Court Recognizes Title VII Third-Party Retaliation Claim Image

U.S. High Court Recognizes Title VII Third-Party Retaliation Claim

Sid Steinberg

Retaliation claims are the most dangerous and powerful of allegations under Title VII. The <i>Thompson v. North American Stainless LP</i> decision has the potential to dramatically expand the scope of such claims.

Features

Business Crimes Hotline Image

Business Crimes Hotline

ALM Staff & Law Journal Newsletters

Recent national rulings of interest.

Features

Real Property Law Image

Real Property Law

ALM Staff & Law Journal Newsletters

Discussion and analysis of several recent rulings.

Features

Cooperatives & Condominiums Image

Cooperatives & Condominiums

ALM Staff & Law Journal Newsletters

An in-depth look at recent important rulings.

Features

Ninth Circuit Treats Corporate Insider Fairly in Fraudulent Transfer Case Image

Ninth Circuit Treats Corporate Insider Fairly in Fraudulent Transfer Case

Michael L. Cook

The Ninth Circuit recently reversed a district court's adverse $6.7 million fraudulent transfer judgment against a corporate insider, a director of the debtor, in a remarkably sensible opinion.

Features

Assumption of Liabilities Image

Assumption of Liabilities

Patrick J. Leddy, Charles M. Oellermann & Joseph M. Witalec

What impact does a bankruptcy filing and a contract rejection have on a carefully drafted, thoroughly negotiated asset purchase agreement? A look at a recent ruling.

Features

The Application of Pollution Exclusions to Defective Drywall Claims Image

The Application of Pollution Exclusions to Defective Drywall Claims

Alicia Ritter

Considering similar facts and similar policy language, courts in two states have already reached opposing decisions on whether pollution exclusions in homeowners' policies bar coverage for defective drywall claims.

Features

Gift Plans: Death Knell or Still on Life Support? Image

Gift Plans: Death Knell or Still on Life Support?

Gift Plans: Death Knell or Still on Life Support?

This article focuses on whether an out-of-the-money unsecured creditor with an unliquidated claim has standing to object to a gift plan.

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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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