Sex Versus Society
In last month's newsletter, we began discussion of a decision from New York's Appellate Division, Second Department, in which the court concluded that the concept of constructive abandonment could not be extended to permit divorce due to social, rather than sexual, abandonment. The discussion concludes herein.
Military Retirement vs. Disability Pay
Even when a lawyer is aware of the complications that can arise, attempts to protect a civilian party's rights to a portion of a service member's retirement may go awry. Recent cases in Alaska and Texas illustrate the problems that attempts to work around the laws can cause.
Features
Case Briefs
Highlights of the latest insurance news from around the country.
The Alvord Decision: Why Periodic Review of Insurance Policies Is a Must for Franchisors
Franchisors, like other businesses, should periodically review their insurance policies to make certain that they understand the scope of their existing coverage and to identify (and remedy) any significant gaps in that coverage.
Features
Master of Your Domain Name
It's been a long time since the Internet was considered to be the sole province of computer technicians and young people. Today, it seems just about everyone is not only connected to the Internet but is using it to blog, to network or to host their own Web site. And that includes most law firms.
Negotiating Cloud Computing Agreements
Cloud computing has been characterized as a paradigm-shifting phenomenon that will change how we purchase IT resources. Though given different names, cloud computing has been around for some time, and the legal lessons learned from experience with traditional software licensing and outsourcing agreements can and should be applied to cloud agreements, but there are new issues which will need new solutions.
Lengthy Crimes, Limited Coverage: Recent Case Law Follows the 'One Policy Limit' Approach
The recent decisions in <i>Madison Materials</i>, <i>PBSJ</i>, and <i>Hartman & Tyner</i> provide further support for the majority view that coverage for a multi-year crime is limited to one policy period despite successive policies in effect during the crime.
Features
Three's a Crowd?
Is there room in the legal market for a third high-end legal research service? That is the question as Bloomberg, a company known for its financial news, attempts to muscle in on the turf now occupied by Westlaw and LexisNexis. In December, it officially launched Bloomberg Law.
Web Searches As a Litigation Tool
In any lawsuit, the collection of information on a party or witness is of paramount importance. What seems to someone like innocuous information ' such as photographs of vacations and daily activities and postings to special interest Web sites ' can materially affect the outcome of a case.
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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 ›
- 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 ›
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- 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 ›
- The New York Uniform Commercial Code Comes of AgeParties in large non-consumer transactions with no connection whatsoever to New York often choose its law to govern their transactions, and New York statutes permit them to do so. What most people do not know is that the New York Uniform Commercial Code is outdated.Read More ›