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November issue in PDF format Image

November issue in PDF format

ALM Staff & Law Journal Newsletters

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Lessons Learned from a Gum Licensing Agreement Image

Lessons Learned from a Gum Licensing Agreement

Daretia Austin

More than a decade after the license agreement between The Topps Company and Stani expired, the question of who owns the rights to manufacture and distribute the original Bazooka' bubble gum formula in South America is still unresolved.

Scope of Privilege: When a Company's Business Is Litigation Image

Scope of Privilege: When a Company's Business Is Litigation

Paul T. Qualey

Too often, the complex question of privilege devolves into a simple inquiry: Is the author or recipient of the document an attorney? This shortcut analysis assumes that documents authored or received by an attorney are privileged, while documents exchanged between business people are not. However, as with all shortcuts there tend to be flaws.

MLF 50 -- The List Image

MLF 50 -- The List

ALM Staff & Law Journal Newsletters

The MLF 50 in PDF Format

Movers & Shakers Image

Movers & Shakers

ALM Staff & Law Journal Newsletters

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

Features

Verdicts Image

Verdicts

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Features

Med Mal News Image

Med Mal News

ALM Staff & Law Journal Newsletters

The latest news you need to know.

Features

Drug & Device News Image

Drug & Device News

ALM Staff & Law Journal Newsletters

A roundup of recent important news.

Managing Narcotics Medications Image

Managing Narcotics Medications

Amy Kolczak & Melissa P. Reading

Last month, the authors discussed some valuable advice that prescribers can use when they are faced with a patient suffering from chronic pain yet also want to avoid, as much as possible, potential investigation or liability. The conclusion herein reviews some of those recommendations.

Features

The Surprising Efficacy of Inter Partes Patent Re-examination Image

The Surprising Efficacy of Inter Partes Patent Re-examination

Andrew S. Baluch & Stephen B. Maebius

This article reports the outcomes of all <i>inter partes</i> re-examinations completed as of August 2008. Although this is a small sample size and it is still too early to form any strong conclusions, there are some important results apparent in this sample.

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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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