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Survey Data: What They Tell Us; What They Don't Image

Survey Data: What They Tell Us; What They Don't

David A. Martindale, & James N. Bow

We can think of no form of information that cannot be misused ' either deliberately by the manipulative, or inadvertently by the inept. Survey data are no exception. As psychologists, it is with some reluctance that we offer commentary on the relative merits of different standards for the admissibility of expert testimony, but our experiences in different states have heightened our awareness of how different standards affect the admissibility of testimony offered by psychologists in child custody litigation.

Features

Hague International Child Abduction Cases Image

Hague International Child Abduction Cases

Jeremy D. Morley

A major debate is under way as to the future of the 'grave risk of harm defense' in Hague Convention international child abduction cases. The move is spearheaded by those who believe that the Hague Convention discriminates against expatriate mothers who are victims of domestic violence and who return to their countries of origin with their children.

Features

Bit Parts Image

Bit Parts

Stan Soocher

Composition Creation/Statute of Frauds<br>Concert Venues/Charitable Immunity Statutes<br>Copyright Infringement/Co-Authorship Bar<br>Copyright Infringement/Co-Authorship Claim <br>Copyright Infringement/No Issue of Material Fact<br>Rescission Claims/Copyright Pre-emption

Features

Courthouse Steps Image

Courthouse Steps

ALM Staff & Law Journal Newsletters

Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.

Features

Clause & Effect Image

Clause & Effect

ALM Staff & Law Journal Newsletters

Net-Profit Rights/Movies Based on TV Shows<br>Insurance/Contract-Breach Exclusion<br>Insurance/Copyright-Infringement Coverage

Features

Verdicts Image

Verdicts

ALM Staff & Law Journal Newsletters

Recent rulings of importance to your practice.

Features

Independent Corporate Investigations Image

Independent Corporate Investigations

Marjorie J. Peerce & Peggy M. Cross

In this age of regulatory and prosecutorial focus on corporate compliance, companies increasingly are relying on special outside counsel to conduct internal investigations into potential wrongdoing. Sometimes, these investigations are prophylactic: A company may want to understand the consequences of its current hiring practices so it can develop standard operating procedures to better ensure compliance with anti-discrimination laws. Because this sort of proactive, self-reflective investigation generally proceeds without outside scrutiny, counsel has the time and space to conduct a deliberate investigation.

Features

Your Best Worker Can Become Your Worst Nightmare Image

Your Best Worker Can Become Your Worst Nightmare

David C. Henderson & Matthew E. Feiner

Although difficult to imagine, your best worker may hold the key to your company's worst security nightmare. Technologically armed employees who routinely use BlackBerry devices, personal digital assistants, laptops, and tiny flash drives to transport critical information to and from the office can wreak havoc on a corporation '' with no intention to do so.

Features

Litigation Readiness Image

Litigation Readiness

Prashant Dubey

With the amendments to the Federal Rules of Civil Procedure (FRCP), precedent-setting adverse sanctions against some of the largest corporations and growing regulatory requirements, the need to become 'litigation ready' has been like a large snowball, gaining mass and momentum. The indisputable need to become litigation ready has arrived, and the snowball continues to get bigger and faster as it heads down the mountain. With the FRCP amendments, Dec. 1 has come and gone and guess what? Nothing has exploded.

Features

The Michigan Dioxin Study: Help for Defendants in Toxic Tort Litigation Image

The Michigan Dioxin Study: Help for Defendants in Toxic Tort Litigation

Anthony G. Hopp

The first part of this article discussed dioxin litigation and the use of environmental and blood data, and the design and results of the University of Michigan study. The conclusion addresses how to use the study.

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    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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