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New Standard Used To Cap Damages at State Court Levels Image

New Standard Used To Cap Damages at State Court Levels

John Pacenti

A high-profile wrongful death case was recently decided for the second time in favor of a Miami couple whose child suffered severe brain damage during his birth at the U.S. Naval Hospital in Jacksonville, FL.

Pending Decision May Influence Measure of Medical Damages Image

Pending Decision May Influence Measure of Medical Damages

David S. Ettinger

Measuring the extent of medical damages, for a medical malpractice claim as for any other type of negligence claim, is an important part of any case. Normally, when a defendant causes harm that sends a plaintiff to a hospital or doctor, three different measures may be relevant to determining the defendant's liability ' the amount the plaintiff herself has paid for medical care, the amount the plaintiff's health insurance has paid on her behalf, and the amount a health care provider has billed as its "usual and customary" charge.

Features

Therasense and the Doctrine of Inequitable Conduct Image

Therasense and the Doctrine of Inequitable Conduct

Scott R Miller & Manuel Nelson

Perhaps signaling an interest in revisiting the doctrine in its entirety, in April 2010, the Federal Circuit asked for briefing on six questions regarding the defense of inequitable conduct to patent infringement.

Authors, Agents and Publishers Seek to Carve Out Their Rights in Electronic-Book Formats Image

Authors, Agents and Publishers Seek to Carve Out Their Rights in Electronic-Book Formats

Michael I. Rudell & Neil J. Rosini

The rapid growth in e-book sales and the increasing number of options available to authors for digital distribution of their works are altering the traditional business model of print publishers. The size of the authors' shares and traditional publishers' shares (if any) of e-book sales revenues may depend on where the Digital Distributors obtain their rights to sell e-books: from traditional print publishers, which of necessity are becoming increasingly focused on e-book sales, from new publishers specializing in e-books, or even from the authors themselves.

Features

e-Commerce Retailing Continues Its Quarterly Return Image

e-Commerce Retailing Continues Its Quarterly Return

Michael Lear-Olimpi

e-Commerce spending in the second quarter was up an estimated full $1 billion from the first quarter, or $39.7 billion, the Census Bureau notes in preliminary figures ' a 2.6% rise for April through June, a gain of 1.5% from the first quarter and a healthy increase of 14% from the second quarter of last year.

Lessons from Twitter's Settlement with the FTC Image

Lessons from Twitter's Settlement with the FTC

William B. Baker

The recent announcement that social-networking phenomenon Twitter has agreed to settle FTC charges that Twitter engaged in inadequate privacy and information-security practices illustrates some simple mistakes social media and other online companies can make.

Features

When the Virtual Storefront Is the Home Front Image

When the Virtual Storefront Is the Home Front

Stanley P. Jaskiewicz

One of the virtues of e-commerce has always been its low barrier to entry. For little investment of time or money, anyone can set up shop online, whether selling advice or widgets. But can something so easily accomplished really be a business? Will an entrepreneur run something out of her spare bedroom the same way as if she had venture capitalists peering over her shoulders, demanding a business plan, financial statements, budgets, marketing plans and everything that a bricks-and-mortar retailer has (except the expense of leasing space)? If not, she may treat it as just another hobby, something to handle in her free time.

Features

Provisions of the Small Business Jobs and Credit Act of 2010 Image

Provisions of the Small Business Jobs and Credit Act of 2010

Richard H. Stieglitz & Rita Chu

President Obama signed into law the Small Business Jobs and Credit Act (SBJC) of 2010 on Sept. 27. More than $12 billion in tax incentives and relief provisions that are contained in the Act will directly or indirectly affect law firms, partners, their staffs and their clients.

Whose Signature Is on the Check? Image

Whose Signature Is on the Check?

Cara E. Greene & Nantiya Ruan

When it comes to getting paid for legal services, attorneys typically focus far more on getting paid than on who is making the payment. But they need to be concerned about the signature on the check.

Features

Social Media Marketing Image

Social Media Marketing

Jessica Brown & Scott Campbell

There are good reasons to believe that social media represents the next frontier in effective legal marketing, and many competitors have already hit the ground running. What do you need to know?

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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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