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Features

Keeping Passion in the Law Image

Keeping Passion in the Law

Lisa Horowitz

This article explores what keeps lawyers committed to the practice of law, what law firms can do to keep attorneys passionate about the law, and what lawyers can do to retain the passion.

Features

Available Upon Request? Qualified Immunity for Employer References Image

Available Upon Request? Qualified Immunity for Employer References

Charles Floyd

Given the protections from liability available in many jurisdictions, most legal employers have a good deal more flexibility than they currently exercise in handling requests for references. Yet, many cautious employers have been slow to liberalize their reference practices.

Charney v. Sullivan & Cromwell: What Lessons Lie Here for Your Firm? Image

Charney v. Sullivan & Cromwell: What Lessons Lie Here for Your Firm?

Bruce Jackson & Debra G. Buster

This article reviews the <i>Charney</i> case and applicable federal cases that might apply in workplace discrimination and relatiation situations, and points out the hidden dangers of local ordinances that attempt to regulate human behavior, and (arguably) even thought, in the workplace.

Features

A Look At FIN 48 Image

A Look At FIN 48

Peter H. Gruen & Lindsay M. LaCava

In an effort to increase comparability and consistency in how companies report income tax positions on financial statements, the Financial Accounting Standards Board ('FASB') issued FASB Interpretation Number 48 ('FIN 48'), Accounting for Uncertainty in Income Taxes on July 13, 2006. FIN 48 changes the way companies must account for uncertain tax positions taken on federal, state and local, and international income tax returns for financial reporting purposes.

Features

Ten Things You Should Know About China's New Antitrust Law Image

Ten Things You Should Know About China's New Antitrust Law

Steve Yu & Peter Corne

On Aug. 30, 2007, China's National People's Congress adopted the Anti-Monopoly Law ('AML'), the first ever comprehensive competition law in the largest emerging market in the world. This was the culmination of 13 years of legislative effort and debate since the first draft of this law was originally conceived. What are the essentials of China's emerging antitrust legal regime? The following are the ten key things that you should know about this area.

The Roberts Court on Antitrust Image

The Roberts Court on Antitrust

Wesley R. Powell & G. Shireen Hilal

By the end of its last term, the Supreme Court decided four significant antitrust cases, resulting in one of the most antitrust-focused terms in the Court's history. In rendering decisions favorable to the defendants in all four cases, the Court quickly drew the dreaded 'pro-business' label. Commentators on the left criticized the decisions as marking a hard-right turn on antitrust policy, while those on the right lauded the Court's restoration of free-market principles to competition analysis. These broad pronouncements overstate the similarities among the cases, which arose in a wide range of industries and raised quite different legal issues.

Features

Meeting the Section 409A Deadline Image

Meeting the Section 409A Deadline

Frederick D. Lipman, Barry L. Klein & Wilhelm L. Gruszecki

With a last-minute extension by the IRS, the final regulations adopted under Section 409A of the Internal Revenue Code now impose a hard Dec. 31, 2008 deadline on making necessary amendments to deferred compensation arrangements for employees, directors, and certain independent contractors of private, not-for-profit, and public companies in order to avoid federal excise taxes at a rate of 20% (plus retroactive interest).

November issue in PDF format Image

November issue in PDF format

ALM Staff & Law Journal Newsletters

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Movers & Shakers Image

Movers & Shakers

ALM Staff & Law Journal Newsletters

News about lawyers and law firms in the franchising industry.

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New Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest franchising news from around the country.

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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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