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Rhode Island Win Is Just a Battle in the Public Nuisance War To Come Image

Rhode Island Win Is Just a Battle in the Public Nuisance War To Come

Donald G. Gifford

The recent decision of the <i>Supreme Court of Rhode Island in State v. Lead Indus. Ass'n,</i> 898 A.2d. 1234, 1235 (R.I. 2006), was widely perceived by the American business community as a veritable life saver. Here's why.

The Struggle over Net Neutrality Image

The Struggle over Net Neutrality

Carole E. Handler

In impassioned language more appropriate to international conflict, political debate or, at the very least, the cosmic struggles of comic-book superheroes and villains, a debate about "net neutrality" continues to rage in legal and business publications, on the Internet and in blogs throughout the world.

Rules Governing Fax and E-mail Ads Image

Rules Governing Fax and E-mail Ads

James H. Laskey, Fernando M. Pinguelo, & Andrew D. Linden

The importance of having a robust compliance policy to review the content of proposed advertisements is well-known and widely accepted. But what may not be as familiar is the need for a separate policy focused on the means of disseminating such advertising.

Features

Non-compete Agreements Image

Non-compete Agreements

Russell Beck

Whether enforcing or defending against non-compete agreements, in-house counsel must understand the fundamentals. The eleven that follow are the most critical.

SEC Mark-to-Market Report Image

SEC Mark-to-Market Report

Marvin J. Miller Jr.

As attorneys, why should you care about developments in fair value accounting? In a word: Disclosure. The further clarification and guidance on fair value and mark-to-market accounting requirements appear to be heading in a direction that may require increased disclosure requirements, which may in turn require your input.

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In the Courts

ALM Staff & Law Journal Newsletters

An in-depth discussion of key litigation.

Features

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Business Crimes Hotline

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Features

Ponzi Schemes Revisited Image

Ponzi Schemes Revisited

Lee M. Cortes, Jr.

The unraveling of a $50-billion dollar Ponzi scheme allegedly perpetrated by Bernard L. Madoff has brought a new magnitude to an old but hardy scam. Here's a look at how Ponzi schemes work.

Perpetual Tolling for Fraud Against the United States? Image

Perpetual Tolling for Fraud Against the United States?

Joshua S. Levy & David J. D'Addio

last fall, Congress breathed new life into the old WSLA law, amending it to apply to the ongoing conflicts in Iraq and Afghanistan as well as any future military engagements expressly authorized by Congress. The impact of these amendments will be significant for the defense of any clients who regularly do business with the government.

Features

Bankruptcy and Fraud: The Ties That Bind? Image

Bankruptcy and Fraud: The Ties That Bind?

Toby J.F. Bishop & Sheila Smith

In the current environment, factors such as a shortfall in assets, lack of debtor-in-possession financing and absence of potential buyers may make liquidation the only recourse in bankruptcy. With fewer dollars to satisfy claims, creditors may resort to litigation, alleging fraud as a means for obtaining recoveries. This could lead to additional exposures for directors and officers at companies facing bankruptcy.

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    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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    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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