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Features

Developments of Note Image

Developments of Note

Julian S. Millstein, Edward A. Pisacreta & Jeffrey D. Neuburger

Recent developments in e-commerce law and in the e-commerce industry.

Coping With COPPA Image

Coping With COPPA

By Jonathan Bick

While the Children's Online Privacy Protection Act of 1998 (COPPA) was designed to rein in commercial Web sites that target children as buyers of goods, it has caused legal difficulties for those who provide services such as camps, schools, after-school activities and sports clubs. COPPA, the only law specifically to target online information privacy, applies only to Web sites that collect information from children. The providers of such services must regularly wrestle with the ways they collect prospects from their sites. COPPA requires commercial Internet sites to refrain from collecting personal data from children under the age of 13 without parental consent.

Features

e-Commerce Docket Sheet Image

e-Commerce Docket Sheet

Julian S. Millstein, Edward A. Pisacreta & Jeffrey D. Neuburger

Recent court rulings in e-commerce.

Features

IM: Plenty of Benefits, But Risks Too Image

IM: Plenty of Benefits, But Risks Too

By Marie Flores

Like many other businesses, the financial sector has embraced e-commerce as a way of expanding. Today, online banking is fairly common. Many financial institutions offer a variety of products and services for commercial and retail customers. And the finance market is mirroring wider use of all things "e" by taking e-business a step farther with the use of instant messaging (IM) to provide faster customer-inquiry responses. But although IM use often allows them to provide better customer service, it also exposes institutions to a variety of potential risks.

Features

Practice Tip: Use Motion Practice for Permission to Impeach an Expert Image

Practice Tip: Use Motion Practice for Permission to Impeach an Expert

Julie Blum

Consider using a pretrial motion to seek permission to impeach opposing expert witnesses with prior court opinions excluding their testimony.

Recognizing and Managing Serial Litigation Image

Recognizing and Managing Serial Litigation

John L. Tate

Among the challenges facing product manufacturers in the 21st century are recognizing and managing the legal threat posed by multiple, individual product liability lawsuits in multiple jurisdictions.

Online: Web Site Provides Information on Gun Control Issues Image

Online: Web Site Provides Information on Gun Control Issues

ALM Staff & Law Journal Newsletters

If you need to research gun control issues, check out The Violence Policy Center (VPC) at <i>www.vpc.org.</i> The VPC, based in Washington, DC, is a national nonprofit educational foundation that conducts research on violence in America and works to develop violence-reduction policies and proposals. The VPC examines the role of firearms in America, conducts research on firearms violence, and explores new ways to decrease firearm-related deaths and injuries. As a gun control think tank, the VPC analyzes a wide range of current firearm issues and provides information to policymakers, journalists, public health professionals, grassroots activists, and members of the general public.

Features

Ten Tips for Traversing the Terrain of Asbestos Bankruptcies Image

Ten Tips for Traversing the Terrain of Asbestos Bankruptcies

Joseph D. Frank & Frances Gecker

Bankruptcy has emerged as a dominant avenue for resolving mass product liability cases and, in particular, asbestos liability cases. Plaintiffs already have filed hundreds of thousands of asbestos claims, with many experts surmising that the peak of asbestos litigation is not yet in sight. Asbestos encompasses a family of naturally occurring fibrous materials that have superior insulation and tensile strength properties. Manufacturers began to exploit the flame-retardant and insulating properties of asbestos in heavy industrial use in the 1940s and incorporated asbestos into as many as 3000 products by the early 1970s, when industrial usage peaked. From automotive applications, such as gaskets and brakes, to home uses, such as roof shingles and attic insulation, the use of asbestos for commercial applications proliferated throughout most of the 20th century and still continues today at a decreased rate. The United States still consumes approximately 16,000 metric tons of asbestos each year.

Case Notes Image

Case Notes

ALM Staff & Law Journal Newsletters

Highlights of the latest product liability cases from around the country.

Features

Alcoholism and Drug Abuse Under the ADA Image

Alcoholism and Drug Abuse Under the ADA

Beverly W. Garofalo & Nicole Anker

Employers face many challenges stemming from the fact that the Americans with Disabilities Act (ADA) protects alcoholic employees from discrimination, including, in some instances, requiring an employer to provide reasonable accommodations to the employee. The ADA also protects drug addicts, as long as the employee is no longer actively engaged in the use of illegal drugs.

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MOST POPULAR STORIES

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    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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