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Connecticut Becomes First State to Require Paid Sick Leave Image

Connecticut Becomes First State to Require Paid Sick Leave

Sheri Qualters

Connecticut will became the first state to require paid sick leave when its new law takes effect Jan. 1, 2012. The new paid sick leave law for service workers could create a host of thorny compliance issues for employment lawyers.

Features

The Final Regulations to the ADA Amendments Act Image

The Final Regulations to the ADA Amendments Act

Melissa E. Pierre-Louis

On March 24, 2011, the EEOC issued the final regulations to the ADAAA. The new regulations replace the ADA's prior high level of scrutiny with a standard in favor of broad coverage for individuals seeking protection under the Act.

Economic Analysis In ERISA Litigation over Fiduciary Duties Image

Economic Analysis In ERISA Litigation over Fiduciary Duties

John Montgomery

This three-part article has sketched out some important areas in which financial economics can provide useful insights in ERISA litigation. It also touched on some of the important issues financial economists confront when they calculate alleged damages.

Features

How California Courts Should Handle Implied Good-Faith Obligation Image

How California Courts Should Handle Implied Good-Faith Obligation

Kenneth A. Adams

Contract-drafting expert Kenneth A. Adams offers recommendations for California courts to consider on what he believes is a faulty court of appeal decision on a still cloudy, implied covenant issue in the state's jurisprudence.

Features

Employer's Guide to GINA Image

Employer's Guide to GINA

John D. Shyer & Kevin Kay

GINA was enacted out of concern that discrimination based upon a person's genetic information could result in the loss of health coverage or employment. Here's what employers need to know.

Privately Funded Developments and Construction at Risk in CA Image

Privately Funded Developments and Construction at Risk in CA

John S. (Rocky) Miller & Dwayne McKenzie

Landlords that construct their premises in California need to be aware of a recent decision that may affect their construction costs.

Features

<b><i>Online Exclusive</b></i>Second Circuit Shelves Freelancers' Pact With Publishers and Databases Image

<b><i>Online Exclusive</b></i>Second Circuit Shelves Freelancers' Pact With Publishers and Databases

Brendan Pierson

A federal appellate court has thrown out a class action settlement between freelance writers and online publishers and databases that archived the writers' work without pay, saying that the pact approved by the lower court did not represent the interests of all class members.

Features

<B><I>BREAKING NEWS:</b></i> <b>HP Acquires Autonomy for $10B Image

<B><I>BREAKING NEWS:</b></i> <b>HP Acquires Autonomy for $10B

Evan Koblentz

Hewlett-Packard made its most aggressive move yet to transform itself into a modern business provider by acquiring e-discovery and document management giant Autonomy for $10.3 billion.

Features

<B><I>BREAKING NEWS:</b></i> <b>Eleventh Circuit Strikes Down Individual Mandate</b> Image

<B><I>BREAKING NEWS:</b></i> <b>Eleventh Circuit Strikes Down Individual Mandate</b>

Alyson M. Palmer

The Eleventh U.S. Circuit Court of Appeals on Aug. 12 gave a partial victory to challengers of the 2010 federal health care overhaul, finding unconstitutional the part of the law that requires individuals to obtain health insurance but upholding the rest of the statute.

Computer Fraud and Abuse Act: Finding the Line in the Sand Image

Computer Fraud and Abuse Act: Finding the Line in the Sand

Elkan Abramowitz & Barry A. Bohrer

The scope of the CFAA is the subject of an emerging split among federal courts of appeals as highlighted by a recent opinion by the U.S. Court of Appeals for the Ninth Circuit, which rejected the claim that its decision would make criminals out of millions of employees who might utilize their work computers for personal use.

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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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