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Behavioral Finance Image

Behavioral Finance

Justin A. Reckers & Robert A. Simon

Behavioral Finance is a practical and pragmatic way of conceptualizing the social, cognitive, and emotional factors that influence financial decisions during a divorce.

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Business Crimes Hotline

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

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In the Courts

ALM Staff & Law Journal Newsletters

Analysis of recent key rulings.

The UK's Impending Power Play and Why It Matters to You Image

The UK's Impending Power Play and Why It Matters to You

Annie Wartanian Reisinger

Over the past several years, the United Kingdom has been flexing its muscles in the global anti-corruption arena with the imposition of large penalties against companies involved in foreign-bribery offenses, focusing on individual accountability for corporate officials, close coordination with U.S. prosecutors in parallel investigations, and enforcement tools such as self-disclosures, settlements and negotiated plea agreements.

Features

Child Pornography on Workplace Computers Image

Child Pornography on Workplace Computers

Marjorie J. Peerce & Carolyn Barth Renzin

What are the implications of having child pornography on the premises? In businesses, child pornography generally is discovered by IT personnel. Or, if a corporation undergoes an unrelated internal investigation in which all computers, hard drives, e-mail servers, etc. are frozen and searched for responsive material, such a search can to lead to the discovery of child pornography stored on the corporation's server or on an individual's hard drive. What can/must/should be done as a result?

Features

The Courts: Active Players in White-Collar Cases Image

The Courts: Active Players in White-Collar Cases

Stanley A. Twardy, Jr. & Doreen Klein

In June, the Supreme Court unanimously held that Enron's former CEO Jeffrey Skilling did not commit "honest services" fraud, ruling that the statute under which he was convicted must be limited to bribery and kickback schemes to avoid constitutional concerns over vagueness. The decision should curtail prosecution of a variety of conduct that the government would otherwise seek to criminalize through the statute. In contrast, the courts are expanding the reach of other criminal statutes to encompass conduct previously regarded as outside their scope.

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Upcoming Events

ALM Staff & Law Journal Newsletters

Harvard Law School Fall 2010 Entertainment Symposium<br>Nashville Bar Association Annual Entertainment Law in Review

Features

Bit Parts Image

Bit Parts

Stan Soocher

Evidentiary Restrictions on Proving Copyright Substantial Similarity<br>Profits Accounting for Use of Band Name Is Nondischargeable Debt<br>Third Amended Complaint Allowed in Karaoke Case

<B><i>Practice Notes:</b></i> DMX General Counsel Image

<B><i>Practice Notes:</b></i> DMX General Counsel

jgraham

When Christopher S. Harrison first joined DMX Inc. in 2005 as vice president of business affairs, he says the new-employee paperwork required by the company was a good omen. He says he signed a waiver that he would not complain about offensive lyrics in the music playing in the office. "I knew I had made the right decision," says Harrison, now general counsel of DMX, an Austin, TX-based music provider to retailers, restaurants, hotels and other businesses. "We have music, different kinds of music, playing in pretty much everybody's office all the time," says Harrison, a fan of hip-hop and classic rock.

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Cameo Clips

Stan Soocher

CONCERT PROMOTION/TICKET SALES DISPUTE<br>COPYRIGHT INFRINGEMENT/INDEPENDENT CREATION

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MOST POPULAR STORIES

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    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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