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Using Staff Counsel to Defend Insureds Image

Using Staff Counsel to Defend Insureds

Donald McMinn

The Texas Supreme Court recently declared that insurance companies do not commit the unauthorized practice of law when they use lawyers they employ to provide a defense to their insureds.

Features

Agreements for Future Relief from Automatic Stay Image

Agreements for Future Relief from Automatic Stay

Mike C. Buckley

The question, "Can we get them to agree not to file bankruptcy in the future?" must be near the top of the list of things clients most commonly ask their transactions and workout lawyers. How, then, to best answer the client's next question: "OK, when is it enforceable and when is it not enforceable?"

Features

Clear Channel Muddies the Waters of ' 363(m) Mootness Protection Image

Clear Channel Muddies the Waters of ' 363(m) Mootness Protection

Shirley S. Cho & Bennett L. Spiegel

The Ninth Circuit BAP's recent opinion in <i>Clear Channel v. Knupfer</i>, 391 B.R. 25 (B.A.P. 9th Cir. 2008), threatens the sanctity of the mootness rule under Bankruptcy Code ' 363(m). Here's why.

Features

Labor Relations and the Supreme Court Image

Labor Relations and the Supreme Court

John P. Furfaro & Risa M. Salins

This is the second of two articles examining decisions of the U.S. Supreme Court during its 2007-08 term that impacted the area of labor and employment law.

Features

The Leasing Hotline Image

The Leasing Hotline

ALM Staff & Law Journal Newsletters

Recent litigation of importance to you and your practice.

Features

The Most Crucial Commercial Lease Cases Image

The Most Crucial Commercial Lease Cases

Adam Leitman Bailey & Dov Treiman

For almost two years, the attorneys at Adam Leitman Bailey, P.C, have been compiling a list of the greatest commercial leasing cases of all time. Two of these attorneys, the authors of this two-part article, trace the lifetime of a leasehold from negotiation through breach and enforcement.

Features

Verdicts Image

Verdicts

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Features

Federal Detainees and the Constitutional Perils for Medical Care Providers Image

Federal Detainees and the Constitutional Perils for Medical Care Providers

Janice G. Inman

Lately, it is becoming increasingly clear that prisoners in our criminal justice systems are not the only ones at risk for receiving substandard medical care; similar problems are occurring in immigrant detention facilities. A look at two cases.

Features

Movers & Shakers Image

Movers & Shakers

ALM Staff & Law Journal Newsletters

Who's doing what; who's moving where.

Features

Court Watch Image

Court Watch

By Rosaleen Chou

Franchisees Beware of Liquidated Damages Clauses

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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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