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Inequitable Conduct Image

Inequitable Conduct

Gregory F. Wesner

Taking a page from the Federal Circuit's own analysis of the issue, we will examine the who, what, when, where (and why) of the decision in <i>Exergen Corporation v. Wal-Mart Stores, Inc.</i>

Features

e-Commerce Best Practices Image

e-Commerce Best Practices

Brett Tarr

This article addresses how e-commerce companies can get a handle on managing organizational information, and outlines processes for retaining and managing key business information that could be salient in legal proceedings, regulatory matters or compliance issues.

Features

Landlord & Tenant Image

Landlord & Tenant

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Features

Decisions of Interest Image

Decisions of Interest

ALM Staff & Law Journal Newsletters

Rulings of importance to you and your practice.

Features

Case Notes Image

Case Notes

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Features

Practice Tip: The Expanding World of the Product Liability Litigator Image

Practice Tip: The Expanding World of the Product Liability Litigator

Joseph J. Ortego & Barbara A. Lukeman

The specialty of product liability legal practice is greatly expanding. Modern day product liability litigators are called upon to litigate cases involving subject matter that is far more complex and varied than years past.

Features

Update on Retaliation Claims Image

Update on Retaliation Claims

Victoria Woodin Chavey

Continuation of an analysis of <i>Kasten v. Saint-Gobain Performance Plastics Corp.</i>, wherein the Seventh Circuit held that an employee's strictly oral complaints about allegedly improper wage practices did not implicate the FLSA's prohibition of retaliation against those who have "filed any complaint."

Features

The PPC Trademark Battle Continues Image

The PPC Trademark Battle Continues

Peter Kent

This article recently ran in our sister publication entitled Internet Law &amp; Strategy. We felt it was important to share with our readers.

Features

Enforceable Browse-Wrap Contracts Image

Enforceable Browse-Wrap Contracts

Jonathan Bick & Karen Berger

Doing business over the Internet is increasingly automated. In the past, Web sites used "terms of use" agreements which include an Internet mechanism to affirm consent to be bound by the agreement (click-wrap). Increasingly, browse-wrap agreements are replacing click-wrap agreements.

Features

Music Site Ruled Not 'Interactive' Enough Image

Music Site Ruled Not 'Interactive' Enough

Mark Hamblett

A Webcasting service that provides users with individualized Internet radio stations is not required to pay licensing fees to copyright holders of the songs the service plays, the Second U.S. Circuit Court of Appeals has ruled.

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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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