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Features

Networking and e-Commerce: Get To It and Stay at It Image

Networking and e-Commerce: Get To It and Stay at It

Michael Lear-Olimpi

Especially for e-commerce attorneys ' who have quickly adapted to doing all of their business chained to a computer monitor ' in-person networking is becoming a lost art. Even if you may very well be doing the right thing in attending networking events, you may not be doing the thing right well.

Features

Social Networking and Litigation Image

Social Networking and Litigation

Ronald J. Levine & Susan L. Swatski-Lebson

This article explores a social networking site user's right to privacy, an adversary's right to obtain information from that site, and the admissibility of the information.

Features

Losing My e-Mail Image

Losing My e-Mail

Stanley P. Jaskiewicz

In today's BlackBerry-driven, online business world, losing one's e-mail ' and access to other online forms of communication ' has to be worse than REM's fear of losing one's religion. Yet that is just the fate that may await our next President, who has already publicly confessed (on national television, no less, though you can certainly find the story on the Internet) his steadfast inability to shake his smoking addiction under the stress of a Presidential campaign.

Features

Movers & Shakers Image

Movers & Shakers

ALM Staff & Law Journal Newsletters

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

News Briefs Image

News Briefs

ALM Staff & Law Journal Newsletters

The latest news from the franchising world.

Court Watch Image

Court Watch

Charles G. Miller & C. Griffith Towle

Forum-Selection Clauses Enforced

Features

Auto Dealer Can Bring 'Bad Faith' Image

Auto Dealer Can Bring 'Bad Faith'

Douglas M. Mansfield & J. Todd Kennard

An appellate court recently ruled that an automobile dealership that could not file suit to enjoin an additional dealership under the statute's specific additional "add-point" statute could nevertheless file an administrative proceeding based on a "generic" statute that prohibits conduct by a manufacturer that is "capricious, in bad faith, or unconscionable."

Attorneys' Fees Awards: No License to Pickpocket Image

Attorneys' Fees Awards: No License to Pickpocket

Rupert M. Barkoff

It is generally thought that a contract provision awarding attorneys' fees to a prevailing party will be enforced. The most recent saga in the Domino's system's equipment dispute confirms this principle, but, at the same time, suggests that courts will, when appropriate, restrict the amount of the award.

Features

New Contracts in Kansas Can No Longer Contain Commonly Used Liability Indemnity Provisions Image

New Contracts in Kansas Can No Longer Contain Commonly Used Liability Indemnity Provisions

William R. Wood II

The 2008 Kansas Legislature passed a statute that declares void as against Kansas public policy long-standing contract risk-allocation provisions in many commercial contracts ' including franchise and dealership contracts. The story begins in 2004, when the legislature enacted a prohibition against liability indemnity provisions in construction contracts.

Features

Real Property Law Image

Real Property Law

ALM Staff & Law Journal Newsletters

Analysis of recent rulings.

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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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