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How Your Company Can Get the Benefits of an Arbitration Clause Image

How Your Company Can Get the Benefits of an Arbitration Clause

Susan Guerette

Arbitrating employment disputes can provide for more efficient and more economical resolutions. Yet, in-house attorneys often question whether to include arbitration clauses in their employment agreements.

Local Yacht Club Sails Free of Harassment Claim Image

Local Yacht Club Sails Free of Harassment Claim

Kevin McCormick

A recent decision from the Federal District Court in Maryland highlights the need for an employee to meet filing time requirements or face dismissal of the claims.

Features

Mediate Your Clients' Employment Claims Image

Mediate Your Clients' Employment Claims

Steven Adler

While growing in popularity, mediation still remains underutilized in employment disputes. From the employee's perspective, mediation should be a "no-brainer."

Features

Tracking Hours in a Virtual World Image

Tracking Hours in a Virtual World

Patricia Anderson Pryor

Privacy issues, data security risks and document-retention nightmares are just some of the issues created when technology falls into an employee's hands.

Features

Update: Wright Development Group, LLC v. Walsh Image

Update: Wright Development Group, LLC v. Walsh

Julie Bauer

On Oct. 21, the Illinois Supreme Court issued its opinion in <i>Wright Development Group, LLC v. Walsh</i>, addressing for the first time the scope of Illinois' Citizen Participation Act (CPA), the state's Anti-SLAPP statute.

Features

The Changing Landscape of eDiscovery Image

The Changing Landscape of eDiscovery

Kevin Carr

One of most quickly evolving areas of eDiscovery is centered around the relationship of in-house counsel and law firms. The best way to understand where things are going is to first look at where we've been.

Features

The Changing Landscape of Compensation Equity Enforcement Image

The Changing Landscape of Compensation Equity Enforcement

Stephanie R. Thomas

The last two years have seen major changes in the legal and regulatory environment regarding compensation discrimination, and there are even more on the horizon.

How to Stay off the Hook for TCPA Claims Image

How to Stay off the Hook for TCPA Claims

Benjamin J. Stone

Under the TCPA, a customer can sue for calls to a cell phone using an automatic telephone dialing system or artificial or pre-recorded voice, and seek $500 for each violation.

Features

Acquisition of Company Assets Image

Acquisition of Company Assets

Stanley R. Kaminski

With a little knowledge and planning, a purchasing company may be able to avert the expensive surprise of acquiring thousands of dollars in hidden unclaimed property that it must subsequently report and remit to multiple states.

My Agent Did What? Image

My Agent Did What?

David W. Simon, Rohan Virginkar & Matthew G. White

This article examines the risks presented by the use of third parties when doing business internationally, with a focus on the potential for liability under the United States' Foreign Corrupt Practices Act ("FCPA").

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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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