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Features

Is Cyber-Risk Insurable? Image

Is Cyber-Risk Insurable?

Nina Cunningham

In an environment of moving targets, it seems unimaginable that insurance against cybersecurity attacks can be robust enough to provide real protection. There are many types of risks involved, and some include physical damage to property.

Features

The Principles of Good Cyber Risk Management Image

The Principles of Good Cyber Risk Management

Ankur Sheth & Jano Bermudes

Apart from headline grabbing attacks, we are now seeing an epidemic of cyber attacks. Concern has shifted from dealing with data being stolen and sold on the dark Web to handling serious ransomware and destructive attacks, where attackers are looking for immediate monetary output.

Features

Will the EU-Japan Data Transfer Partnership Agreement Have Global Influence? Image

Will the EU-Japan Data Transfer Partnership Agreement Have Global Influence?

Samantha Green

With countries around the world examining and strengthening their data protection laws, this agreement could be the first of many and will undoubtedly have global repercussions.

Features

Second Circuit Blocks Video Privacy Suit Brought Against Barnes & Noble Image

Second Circuit Blocks Video Privacy Suit Brought Against Barnes & Noble

Jenna Greene

A would-be class action against Barnes & Noble could have cost the bookseller hundreds of millions of dollars — not to mention a reputational hit for allegedly sharing private information about its customers' online video purchases with Facebook.

Features

Privacy Notices, Opt-In Clauses Debated as U.S. Regulators Shape Federal Privacy Law Image

Privacy Notices, Opt-In Clauses Debated as U.S. Regulators Shape Federal Privacy Law

Caroline Spiezio

Tech giants' privacy counsel and U.S. senators discussed opt-in policies, lengthy, legalese-filled privacy notices and location tracking. The discussion aimed to further shape a potential U.S. federal data privacy law.

Features

Legal Tech -- Behind the Tech: Client-Centric Innovation: The Evolution of the Casepoint Platform Image

Legal Tech -- Behind the Tech: Client-Centric Innovation: The Evolution of the Casepoint Platform

Vishal Rajpara

<b><i>One In a Continuing Series of Articles Looking At Legal Tech Innovation and the Story Behind It</i></b><p>In seeing clients' pain-points and becoming intimately engaged with their internal processes, my colleagues and I resolved to address a problem that many of our clients may not have even known they could fix. Our overriding goal from the outset was to fill the efficiency void that was so obvious in all of the feedback we were receiving from clients across the board by developing a fully integrated, end-to-end legal workflow platform.

Features

Ultra Music Festival Disputes Result in Decisions Within Days of Each Other Image

Ultra Music Festival Disputes Result in Decisions Within Days of Each Other

Stan Soocher

Only days after winning dismissal of an anti-trust lawsuit over its 2019 move to a new location in Miami, FL, for the Ultra Music Festival, Worldwide Entertainment lost its bid to reopen a court case over use of the "Ultra Music" brand for a festival overseas.

Features

High Court's View of 'Full Costs' in Copyright Litigation Image

High Court's View of 'Full Costs' in Copyright Litigation

Scott Graham

A unanimous U.S. Supreme Court, led by Justice Brett Kavanaugh, held that the phrase “full costs” in §505 of the Copyright Act means all of the costs specifically enumerated in the general cost-shifting statutes, such as transcripts and fees for court-appointed experts and interpreters.

Features

Law Firm Mergers and the Economic Outlook for 2019 Image

Law Firm Mergers and the Economic Outlook for 2019

Marcus Dyer

As law firms endeavor to survive in an increasingly competitive world, one strategy picking up steam is the law firm merger. In this article, we recap law firm merger activity in 2018 and consider the economic outlook for law firm mergers for 2019.

Features

U.S. Supreme Court's Ruling on Copyright Registration Image

U.S. Supreme Court's Ruling on Copyright Registration

Robert J. Bernstein & Robert W. Clarida

The Supreme Court had granted cert in <i>Fourth Estate</i> to resolve a split in the federal circuit courts as to whether §411(a) of the Copyright Act could be read to allow commencement of an infringement action once a registration application filed with the Copyright Office is complete (the “application approach”) or, instead, only (subject to limited statutorily specified exceptions) upon issuance by the Copyright Office of the registration (the “registration approach”).

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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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