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Immunity for Web Site Owners Image

Immunity for Web Site Owners

Richard Raysman & Peter Brown

Web sites, social networks and other interactive service providers facilitate the display and exchange of a staggering amount of user-generated information, much of it idle chatter, meaningful commentary and helpful information, though some of it defamatory and offensive speech. Without certain protections, a site owner could face liability, and such a threat conceivably would have a chilling effect on the vibrant exchange of ideas on the Web.

Features

The PPC Trademark Battle Continues Image

The PPC Trademark Battle Continues

Peter Kent

The Second Circuit's recent decision in <i>Rescuecom Corp. v. Google, Inc.</i> is but one more step in a long-standing battle that's likely to continue for some time; it's been five years already, and the court merely ruled on a technicality that allows the case to run longer still. Most Google users and advertisers are blissfully unaware of what's going on, and even many involved in Internet commerce don't understand the implications.

Features

Cameo Clips Image

Cameo Clips

Stan Soocher

CLAIMS OVER PHOTOS, PERFORMANCE IN DVD<br>COPYRIGHT INFRINGEMENT/SAMPLED RECORDING

Features

Third Circuit Upholds Online Gambling Ban Image

Third Circuit Upholds Online Gambling Ban

Shannon P. Duffy

Internet gambling proponents suffered a major setback when a federal appeals court refused to strike down a 2006 law in which Congress banned all Internet gambling transactions that would be illegal in the gambler's state.

Features

'Unlicensed Agent' Defense Won't Stop Suit By Manager Image

'Unlicensed Agent' Defense Won't Stop Suit By Manager

Stan Soocher

The New York Supreme Court, New York County, denied a motion to dismiss a complaint by a personal manager who seeks unpaid commissions from artists he managed.

Features

Radio Personality Must Pay for Lawyer's Services Image

Radio Personality Must Pay for Lawyer's Services

Stan Soocher

The Appellate Court of Illinois, First District, affirmed a quantum meruit award based on contract-negotiation representation that attorney Todd Musburger provided to talk show personality Gary Meier.

Features

Alien vs. Policyholder Image

Alien vs. Policyholder

Seth A. Tucker

Although alien tort claims are still relatively novel, long-standing principles of insurance law, and judicial precedents established based on more familiar fact patterns, should provide helpful guidance to companies facing these claims.

Features

Development Image

Development

ALM Staff & Law Journal Newsletters

A recent case of interest.

Features

NJ & CT News Image

NJ & CT News

ALM Staff & Law Journal Newsletters

Cases of interest in neighboring states.

Features

Practice Tip: Products Class Action Incentive Awards Image

Practice Tip: Products Class Action Incentive Awards

Ronald J. Levine & Aviva Wein

This article discusses the Ninth Circuit's recent decision in <i>Rodriguez v. West Publishing Co.</i>, 563 F.3d 948 (9th Cir. 2009), that specifically considered the viability of incentive awards and their impact on the adequacy of class representatives.

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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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