Features
Converting Raw Data Into Meaningful Business Intelligence
During our installation of the Hummingbird Enterprise suite, we discovered Hummingbird BI, the suite's business intelligence component. We originally purchased BI in hopes of providing clients with simple financial snapshots of case related expenses and fees via the extranet. However, we quickly realized our expectations were inadequate and found that BI was the unexpected gem of Hummingbird Enterprise.
Features
How To Choose An EDD Trainer
Even the most seasoned techie, not to mention litigator, may be puzzled by such arcane terminology as deduplication, metatags, blowbacks and concept querying. To make sense of the electronic-data discovery (EDD) process in general, and to further ensure that the litigator is adept in using the selected litigation review and production tools, selecting a trainer with the appropriate skills and pedagogical technique, combined with "real world" experience in setting up review workflows and meeting production deadlines, is nothing short of critical.
Case Briefs
Highlights of the latest insurance cases from around the country.
Features
Insurance Coverage for Awards of Attorneys' Fees
Almost all class actions that are resolved involve an award of attorneys' fees to plaintiffs' counsel. In some instances, the fee awards are specified by agreement and are paid from the overall settlement. In other instances, the fees are determined in a separate hearing and may be awarded in addition to the settlement payment. These awards of attorneys' fees often reach millions of dollars and may, in some circumstances, be one of the most significant components of a settlement or judgment.
Features
The Insurer's Right to Settle: Unfettered Discretion Or Balancing Act
As a practical matter, the decision of whether to settle claims brought against a policyholder is typically left to the insurer. The interests of the insurer and the policyholder are typically aligned, whether it is because of the policyholder's inherent desire to resolve the litigation or the insurer's vastly greater experience in defending and settling claims.
Counsel Concerns
The U.S. District Court for the Southern District of New York vacated sanctions issued against an attorney representing the estate of Tarzan illustrator Burne Hogarth, which had sued over rights in Hogarth's works following the release of The Walt Disney Co.'s animated "Tarzan" movie.
Features
Courthouse Steps
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Bit Parts
Recent developments in entertainment law. <p>This month:<br>Agent Commissions/Arbitration Awards<br>Documentaries/Defamation<br>Downloading/Default Judgment<br>DVD Distribution/Preliminary Injunctions<br>Tax Liability/Royalty Statements
Features
Clause & Effect
Agency Agreements/Commissions<br>Recording Contracts/Copyright Renewals
Features
<b>Commentary:</b> 'Unanimous' Vote In Grokster Has Split Views
In its opinion, the Supreme Court clearly focused the test for copyright infringement liability on the subjective question of the purpose of the software's distribution ' an approach that better comports with basic notions of fairness than that of the courts below. But read together, the plurality opinion and two concurring opinions raise a new set of disquieting questions.
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MOST POPULAR STORIES
- The 'Sophisticated Insured' DefenseA 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.Read More ›
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›
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- Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric CodeIn 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.Read More ›
- Guidance on Distributions As 'Disbursements' and U.S. Trustee FeesIn a recent case from the Bankruptcy Court for the District of Delaware, In re Paragon Offshore PLC, the bankruptcy court provided guidance on whether a post-plan effective date litigation trust's distributions constituted disbursements subject to the U.S. Trustee fee "tax."Read More ›