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Features

Novel Internet Statute Strategies Image

Novel Internet Statute Strategies

Jonathan Bick

The Internet presents special regulatory challenges. Any effective statute, for instance, must be prepared by an entity with the authority to draft, implement and, to some extent enforce, the statute. Efficacy, of course, hinges on jurisdiction, but the Internet knows no geography and, so, users leap boundaries with a finger poke or thumb flick. These challenges require novel statutory strategies to meet the Internet's current and future status as a channel and communications domain that requires regulation at various levels of operation and use

Maintenance Under the Child Support Standards Act Image

Maintenance Under the Child Support Standards Act

Benjamin E. Schub

Since the 1989 adoption by the New York State legislature of the Child Support Standards Act (CSSA) (Domestic Relations Law ' 240[1-b]; Family Court Act ' 413.), a substantial body of case law has been developed with respect to its interpretation. As a result, the application of the CSSA can be more nuanced than a straightforward reading of the statute suggests.

Web Site Terms of Use Image

Web Site Terms of Use

Nick Akerman

Web site terms of use have taken center stage with the recent press reports of the indictment of Lori Drew by a Los Angeles federal grand jury for violating the federal CFAA. Terms of use are ubiquitous on the Internet. They are created by a Web site owner and purport to restrict how the public can use a Web site to obtain information, purchase goods or services or participate in Web-based social networking.

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Movers & Shakers

ALM Staff & Law Journal Newsletters

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

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Verdicts

ALM Staff & Law Journal Newsletters

Recent rulings of importance to you and your practice.

Features

SEC Guidance on Company Web Site Use Image

SEC Guidance on Company Web Site Use

Briar McNutt & Elizabeth Simon

Over the past several years, rapid developments in technology and the Internet have significantly enhanced the quantity and quality of information available to investors. Investors are now able to retrieve information from the SEC and many companies instantaneously. Acknowledging the significant technological advances since the SEC last provided guidance on Internet issues relating to the Securities Act of 1933, the SEC issued an interpretive release that provides updated guidance on the disclosure of investor information on company Web sites.

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Drug & Device News

ALM Staff & Law Journal Newsletters

The latest in this all-important field.

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Med Mal News

ALM Staff & Law Journal Newsletters

The latest happenings.

Features

Human Research Studies and Medical Malpractice Liability Image

Human Research Studies and Medical Malpractice Liability

Thomas A. Moore & Matthew Gaier

The authors relate an experience in a case involving a not affirmative experimental treatment, but a human research study regarding modes of diagnosis.

Features

Prescribing the Right Amount of Pain Medications Image

Prescribing the Right Amount of Pain Medications

Amy Kolczak & Melissa P. Reading

Pain is the most common cause of long-term disability, and it is the leading reason patients seek medical attention. But physicians seeking to manage their patients' pain with narcotics must be mindful of both the potential liability involved and the potential for scrutiny by their medical boards.

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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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