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Verdicts
Recent rulings of interest to you and your practice.
Features
Practice Tip: Putting a Product on Trial Without Compromising the Defense
A discussion of the current state of the law pertaining to the self-evaluative privilege.
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Liability of Corporate Actors Under the Alien Tort Statute
Recent decisions from the Second Circuit, rejecting corporate liability under the ATS and imposing high standards for successful aiding and abetting claims, provide a fresh look at ATS claims involving corporate actors, with potentially broad implications for this area of litigation.
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Supreme Court 4-4 Split Decision Results in Affirmance on Limitation of First Sale Doctrine
On Dec. 13, 2010, the U.S. Supreme Court affirmed a Ninth Circuit decision limiting the first sale doctrine to copyrighted works manufactured in the United States or sold with the copyright holder's authority.
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Non-Authority for Non-Recruitment Covenants Under New York Law
While many employers have written employment contracts with restrictive covenants designed to hinder employees from departing for a competitor, the state and federal courts considering New York law have not uniformly enforced such provisions.
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Bit Parts
Concert Litigation Lawyers Prevail in Legal Malpractice Case<br>Forum Selection Clause in Jersey Shore Appearance Release Ruled Enforceable<br>Online Music Service Is Subject to Jurisdiction in CA
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First Sale Doctrine Gets Multiple Views In Ninth Circuit
Recently, there has been a spate of Ninth Circuit rulings on the first sale doctrine ' all of which have implications for the entertainment industry.
Features
Second Circuit Affirms Designation of Secured Lenders' Vote and Effective Cram Down
The Second Circuit summarily affirmed a bankruptcy court's designation of a secured lender's vote on a reorganization plan in a two-page order, effectively enabling the debtor to cram down the lender's claim.
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Is Anyone Not a Foreign Official Under the FCPA?
The DOJ has brought cases against companies and individuals in relation to their dealings with state-owned enterprises based on a broad reading of the term "instrumentality," a term not otherwise defined in the statute prohibiting corrupt payments to "foreign officials.
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How Legal IT Can Avoid the Pitfalls of Risky ESI Collections
In almost every respect, e-discovery falls squarely in the domain of attorneys ' inside counsel, outside counsel and experts. Essentially, it is the business process for litigation, regulatory matters and internal investigations. So why is IT involved in almost every situation? The answer is quite simple: because IT must be involved.
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MOST POPULAR STORIES
- The 'Sophisticated Insured' DefenseA 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.Read More ›
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- Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric CodeIn 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.Read More ›
- The New York Uniform Commercial Code Comes of AgeParties in large non-consumer transactions with no connection whatsoever to New York often choose its law to govern their transactions, and New York statutes permit them to do so. What most people do not know is that the New York Uniform Commercial Code is outdated.Read More ›