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The 'Faithless Servant' Doctrine Image

The 'Faithless Servant' Doctrine

Mark N. Reinharz

Applying the "faithless servant doctrine," the Massachusetts Supreme Judicial Court recently permitted an employer to recover compensation it had paid to a high-level executive who had been the subject of numerous sexual harassment complaints by other employees.

Features

Employment Rights of Domestic Violence Victims Image

Employment Rights of Domestic Violence Victims

John D. Shyer & Amy S. Donovan

Several states have enacted laws to protect the employment rights of domestic violence victims, New York among them. Here's why.

Defending Spoliation Claims Image

Defending Spoliation Claims

Kim Leffert & Michael P. Daly

The duty to adopt appropriate measures to preserve relevant evidence arises when a party receives notice of or reasonably anticipates litigation. Significantly, the preservation obligation can occur well before a lawsuit is actually filed.

Features

Eleventh Circuit Nixes Sex Harassment Claims Image

Eleventh Circuit Nixes Sex Harassment Claims

Alyson M. Palmer

Late last year, the Eleventh U.S. Circuit Court of Appeals issued an opinion that the lawyer for the plaintiffs in the case says virtually eliminates sexual harassment claims in the federal courts for Georgia, Alabama and Florida.

Employer's Failure to Give Notice of Claim Bars Insurance Coverage Image

Employer's Failure to Give Notice of Claim Bars Insurance Coverage

Kevin McCormick

An increasing number of employers have begun purchasing insurance, sometimes referred to as "employment practices liability insurance" (EPLI), or as a rider to a directors and officers liability policy, to cover any employment claims that arise in the workplace.

The Business Crimes Hotline Image

The Business Crimes Hotline

ALM Staff & Law Journal Newsletters

Recent rulings you need to know.

In the Courts Image

In the Courts

ALM Staff & Law Journal Newsletters

National rulings of importance to you and your practice.

Heightened FCPA Exposure for Executives Image

Heightened FCPA Exposure for Executives

Brian Whisler

In enforcement of the Foreign Corrupt Practices Act (FCPA), the standards are continuously evolving, leaving corporate executives increasingly preoccupied with how prosecutors and regulators might view their activities. Some executives say this issue keeps them up at night.

Features

Justice Department Issues Guidance on Discovery Image

Justice Department Issues Guidance on Discovery

Jonathan A. Vogel & Elizabeth M.Z. Timmermans

In the wake of a high-profile case that highlighted discovery abuses by federal prosecutors, the Department of Justice (DOJ) issued guidance regarding the government's discovery obligations on Jan. 4, 2010.

Features

Feds to Corporate America: 'The Cops Are Coming' Image

Feds to Corporate America: 'The Cops Are Coming'

Laurence A. Urgenson, Samuel G. Williamson & Audrey L. Harris

On Jan. 19, the Department of Justice (DOJ) announced the arrest of 22 individuals as part of a "sting" operation aimed at uncovering violations of the Foreign Corrupt Practices Act (FCPA). As intended, the case got a great deal of publicity due to both the large number of individuals arrested and the manner in which the investigation was handled.

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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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