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Features

10 Questions for Kim Eisler Image

10 Questions for Kim Eisler

Nicholas Gaffney

Nick Gaffney, a partner at Infinite Public Relations in San Francisco, recently had an exclusive interview with Mr. Kim Eisler, author of "Masters of the Game: Inside the World's Most Powerful Law Firm."

Features

Announcing The Sixth Annual MLF 50 Image

Announcing The Sixth Annual MLF 50

Elizabeth Anne 'Betiayn' Tursi

Criteria for selection in this highly coveted listing.

Features

Employer's Review of Text Messages on Company Pager Reasonable Image

Employer's Review of Text Messages on Company Pager Reasonable

Sarah A. Kelly

In a closely watched case and in a nearly unanimous decision, the U.S. Supreme Court has held that the City of Ontario, CA, Police Department did not violate the Fourth Amendment privacy rights of its employee when it audited text messages he had sent and received on a department-issued paging device.

Features

DOL: Same-Sex Partners May Qualify For FMLA Leave Image

DOL: Same-Sex Partners May Qualify For FMLA Leave

Brian D. Pedrow

In an Opinion Letter issued on June 22, 2010, the U.S. Dept. of Labor (DOL) clarified who may be a parent under the Family and Medical Leave Act, including same-sex domestic partners who stand <i>in loco parentis</i> to a child.

Features

Employers Beware Image

Employers Beware

Rick Bergstrom & Mark Temple

Employee mobility, coupled with the exceeding ease with which confidential and proprietary trade secret information can be stored and transported, creates the perfect platform for trade secret theft. And it's not just a hypothetical problem.

Supreme Court Blockbuster Decision Image

Supreme Court Blockbuster Decision

David Radelet, Mark S. Wilkinson & Amy Moor Gaylord

On June 24, the Supreme Court issued its long-awaited decision in <i>New Process Steel, L.P. v. NLRB</i>, ruling that the National Labor Relations Board (does not have the authority to issue decisions without at least three members currently sitting on the Board. The decision invalidates in one fell swoop some 600 decisions that had been issued by the Board during a recent 27-month period in which the Board had only two members.

Features

Valuing Payments in Lieu of WARN Notice Image

Valuing Payments in Lieu of WARN Notice

John D. Shyer & Austin Ozawa

Employers often fail to take into account all elements of compensation and benefits when valuing payments in lieu of notice. This article addresses certain elements of such payments that are often overlooked.

Features

F-Cubed=0 Image

F-Cubed=0

Sarah L. Cave

Recently, the U.S. Supreme Court decided that ' 10(b) of the Securities Exchange Act of 1934 does not provide a cause of action to foreign plaintiffs to recover investment losses relating to foreign-issued securities traded on foreign exchanges (colloquially known as "F-cubed" claims).

Features

DE Court Rejects Argument That Exclusive Forum Selection Clause Is Unenforceable Image

DE Court Rejects Argument That Exclusive Forum Selection Clause Is Unenforceable

Robert S. Reder

The Delaware Court of Chancery recently rejected a public policy argument that parties to a stockholders agreement may not contract away the right of Delaware courts to oversee disputes between stockholders of a Delaware corporation.

Pre-Employment ADR Waivers Image

Pre-Employment ADR Waivers

Robert G. Brody

In light of a recent Sixth Circuit decision, general counsel for companies with ADR programs should ask themselves if their waiver needs to be knowingly executed and what steps should be taken to ensure it is. This article addresses these issues.

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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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