Features
How to Handle Frivolous Lawsuits Alleging Song Copyright Infringement
No group of creative contributors to the entertainment business is more susceptible to frivolous lawsuits than songwriters. They are easy targets because of the burdens attendant to defending against claims of copyright infringement; and they are inviting targets because of the perception (not always justified) that there are 'deep pockets' associated with a successful song and by being a successful songwriter.
National Litigation Hotline
Recent cases of interest to your practice.
Features
Recent Developments from Around the States
National cases of interest to you and your practice.
Five Keys to Assessing Economic Damages
The proper assessment of economic damages, once liability is determined, is one of the most crucial elements of the legal process. In fact, even before a case ever enters the courtroom, an accurate estimate of economic loss may pave the way for a settlement, saving both sides time and expense.
Employee Drug Testing: Third Parties' Duty of Care
In April, Pennsylvania became the latest state to hold that a company hired by an employer to administer employee drug tests owes a duty of reasonable care to the employees subjected to those tests.
Recent Developments from Around the States
National cases of interest to you and your practice.
National Litigation Hotline
Recent cases of importance to your practice.
After Iraq: Obligations to Your Returning Military Employees
According to recent reports, approximately 220,000 reservists and National Guard members are on active duty. With the first phase of the Iraqi war at an end, many of these individuals are, or may soon be, returning home. This article answers some of the most frequently asked questions by employers concerning their obligations to employees while they are on military leave as well as when they return to work as civilians. An employer's obligation with respect to these issues is governed by the Uniformed Services and Re-employment Rights Act (USERRA or the Act), 38 U.S.C. ''4301 <i>et seq.</i>
Electronic Media: The Dark Side
The proliferation of electronic media in the workplace has greatly transformed business, enabling employees to communicate almost instantly with one another, and with vendors, clients and customers. The fantastic business advantages gained through advanced electronic media, however, can also negatively impact the workplace. Indeed, individuals may use electronic media improperly to infiltrate employer systems ' obtaining confidential, proprietary and sensitive information.
Features
National Litigation Hotline
Recent rulings of interest to you and your practice.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
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 ›
- The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and OpportunitiesLike 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.Read More ›
- 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 ›