The DMCA Safe Harbor Provision Is Stronger Than Ever
Even as the economy continues to slowly recover from this recession, online sales are still booming, accounting for more than $200 billion over the past year. As the marketplace shifts from the sales counter to the desktop, counterfeiting and software piracy have also shifted to the virtual world. For copyright and trademark owners, this creates a constant stream of newly evolved infringing activities to monitor.
The Brave New World of e-Workplace Privacy Policies
Embodying some of the aspects of Big Brother is not a new role for an employer. In the past 15 years, however, workplaces have become increasingly digitized as electronic information has come to dominate all aspects of modern life. Part One of this article examines the potential liability for employers involved with social media and e-mail use.
Features
Judicial Takings
Can a state court decision effect a judicial "taking" in violation of the federal constitution? The United States Supreme Court addressed that question this term, but did not furnish a definitive answer.
Index
A complete, easy-to-use listing of what's inside the newsletter.
Decisions of Interest
Recent rulings of interest to you and your practice.
NJ & CT News
Important news and rulings from neighboring states.
Discounts on Closely Held Corporate Shares
The Appellate Division, Second Department, has interpreted <i>Friedman,</i> discussed last month, in a more restrictive way than was suggested by the Court of Appeals. Is this interpretation the correct one?
Supreme Court Says Ne Exeat Clause Must Be Enforced
In May, the U.S. Supreme Court ruled that the Hague Convention on the Civil Aspects of International Child Abduction (Hague Converntion) trumps a custodial parent's right to move a child out of a country without the non-custodial parent's consent.
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MOST POPULAR STORIES
- The 'Sophisticated Insured' DefenseA 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.Read More ›
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›
- The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and OpportunitiesLike poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.Read More ›
- Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric CodeIn 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.Read More ›
- Guidance on Distributions As 'Disbursements' and U.S. Trustee FeesIn a recent case from the Bankruptcy Court for the District of Delaware, In re Paragon Offshore PLC, the bankruptcy court provided guidance on whether a post-plan effective date litigation trust's distributions constituted disbursements subject to the U.S. Trustee fee "tax."Read More ›