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Features

Listen Up: What the Discoverability of Audio Recordings Should Mean to IT Professionals Image

Listen Up: What the Discoverability of Audio Recordings Should Mean to IT Professionals

Michael Swarz

The necessity for IT professionals to haul audio recordings into their general e-discovery process is gaining awareness because of situations that may ' at first glance ' appear harmless.

Features

Empower Your Browser: New Possibilities Image

Empower Your Browser: New Possibilities

Brett Burney

The Web browser has evolved into a platform for our digital lives, offering more interactivity while moving further beyond its passive browsing roots (i.e., checking e-mail, paying bills and balancing checkbooks, watching videos, social networking, playing games, networking and even managing a law practice). That is precisely the core of Google's new Web browser called Chrome.

Features

The e-Discovery Balancing Act Image

The e-Discovery Balancing Act

Dean Gonsowski

Progressive corporations are starting to treat e-discovery as any other standard corporate business process: repeatable, defensible and measurable. This new dynamic raises an obvious question: What portions of the e-discovery process are best suited to be "in-sourced," and how do IT professionals within an enterprise work with their partners to ensure effective collaboration/communication?

Movers & Shakers Image

Movers & Shakers

ALM Staff & Law Journal Newsletters

Who's doing what; who's going where.

Features

Case Notes Image

Case Notes

ALM Staff & Law Journal Newsletters

Recent litigation of interest to you and your practice.

Features

Product Liability Litigation Image

Product Liability Litigation

Sheila T. Kerwin

The different ' sometimes even higher ' product standards required by non-American countries can adversely affect product protection here in the United States, as plaintiff's attorneys can use these discrepancies to their advantage in litigation against product manufacturers.

Features

Preemption Beyond Drugs and Medical Devices Image

Preemption Beyond Drugs and Medical Devices

Daniel J. Herling

Although the issue of Federal Preemption has grabbed the headlines in medical device and pharmaceutical cases, those analyzing preemption's impact on plaintiff's failure-to-warn claims on other types of products that are subject to federal regulation are significant for their varied results.

Practice Tip: A Litigator's Guide to the 'Siren Song' of 'Consumer Law' Class Actions Image

Practice Tip: A Litigator's Guide to the 'Siren Song' of 'Consumer Law' Class Actions

David L. Wallace

Statutory consumer-protection laws are rapidly displacing common law tort principles. Those behind this disturbing trend say that these lawsuits (typically class actions) represent a "different avenue of relief for a different type of injury." Most admit, however, that they are actually running consumer class actions for "risk of injury" because personal-injury class action torts are too difficult to certify.

Features

Protecting Against Unique Claims Regarding Medical Device Sales Reps Image

Protecting Against Unique Claims Regarding Medical Device Sales Reps

Lori Cohen & Christiana C. Jacxsens

In recent years, pharmaceutical and medical device manufacturers have faced an increased number of creative product liability claims arising from alleged actions of their sales representatives. Medical device manufacturers may face a challenge in preventing these claims because of the unique role of these representatives.

The Housing Assistance Tax Act and the Emergency Economic Recovery Act Image

The Housing Assistance Tax Act and the Emergency Economic Recovery Act

Richard H. Stieglitz & Tamir Dardashtian

In response to the nation's economic downturn, former President Bush signed into law the Housing Assistance Tax Act of 2008 ("Housing Act") on July 30, 2008 and the Emergency Economic Recovery Act of 2008 ("Bailout Plan") on Oct. 3, 2008. The new laws have several significant tax-related provisions that affect individual and business taxpayers including law firms, attorneys, their staff, and their clients.

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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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