The U.S. District Court for the District of Columbia decided that a contestant on the TV game show "Wheel of Fortune" was barred by a release he signed from pursuing a negligent conduct claim against the show's producer over alleged injuries he sustained during taping. But the court also ruled that the contestant could proceed with his claims of reckless or intentional conduct.
The Supreme Court of South Carolina ruled that the president of the Nevada-based Legends In Concert owed no fiduciary duty to a corporation formed by an entrepreneur to raise the capital needed to produce a Legends musical in Myrtle Beach.
WASHINGTON, DC ' The controversy over whether developers and distributors of peer-to-peer file-sharing software should be found liable for contributory and vicarious copyright infringement has been described as the most important copyright case for the entertainment industry in two decades ' or as an issue that Congress ultimately will decide. (That the underlying unlicensed downloading and uploading of entertainment content by consumers is direct infringement has already been made clear by courts.) To this observer in the court's press section, questioning by the U.S. Supreme Court justices during the recent oral arguments in what is known as the <i>Grokster</i> case demonstrated no clear consensus among the justices.
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.
Like poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.
Active 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.
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.
Parties in large non-consumer transactions with no connection whatsoever to New York often choose its law to govern their transactions, and New York statutes permit them to do so. What most people do not know is that the New York Uniform Commercial Code is outdated.
