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Columns & Departments

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IP News

Howard Shire & Michael Block

Claim Preclusion Requires Analysis that Claims in Newly Asserted Patents are Patently Indistinct from Claims in Previously Adjudicated Patents<br>Claim Elements Taught by Prior Art for Purposes of Novelty and Obviousness are not Necessarily 'Well-Understood, Routine, and Conventional' Under §101

Columns & Departments

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Hotline

ssalkin

Arkansas State Senator Pleads Guilty to Fraud and Money Laundering

Columns & Departments

On the Move Image

On the Move

ssalkin

Movers and shakers in bankruptcy law.

Columns & Departments

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Landlord & Tenant

ssalkin

Denial of Remaining Family Member Status Upheld<br>Occupant Entitled to Succession Rights to Stabilized Apartment Even If Named Tenant Continued to Sign Leases After Moving Out<br>Tenant Entitled to Succession Rights to Rent-Controlled Apartment<br>Landlord Did Not Establish Use of Apartment to Facilitate Drug Trading<br>421-G Buildings Subject to Luxury Deregulation<br>Incarcerated Son Note Entitled to Succession Rights

Columns & Departments

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Bit Parts

Stan Soocher

Essence of the Ninth Circuit's Decision in the “Blurred Lines” Copyright Infringement Case<br>Trademark Cancellation Claim Can't Proceed Against Marilyn Monroe Brand Manager

Columns & Departments

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Case Notes

ssalkin

Suit in Second Jurisdiction Is Duplicative<br>Mailing Rent Check While Doing Unauthorized Acts Is Not Mail Fraud

Features

'Sales Speak:' Savvy Salesmanship is a Hallmark of Successful Business Development Image

'Sales Speak:' Savvy Salesmanship is a Hallmark of Successful Business Development

Ari Kaplan

At its core, business development is about making authentic connections that grow into meaningful relationships. Rainmakers recognize that principle and apply an array of techniques to fuel their careers.

Features

Finally Finishing Unfinished Business? Image

Finally Finishing Unfinished Business?

Arthur J. Ciampi

<i><b>How the Recent </i> Heller Ehrman <i>Case Impacts Lawyer Mobility and Clients Choice of Counsel</i></b><p>The law of unfinished business, as applied to cases billed on an hourly basis, has been the subject of much commentary and case law. In <i>Heller Ehrman</i>, the high California court, like the New York Court of Appeals, found that a dissolved law firm did not have a property interest in hourly matters for work performed after dissolution. The case is worth exploring as it impacts, among other things, lawyer mobility and clients choice of counsel.

Features

Who Owns e-Discovery's Largest Companies? Image

Who Owns e-Discovery's Largest Companies?

Zach Warren

A rundown of the owners of 14 large e-discovery companies. Here's a hint: A whole lot of private equity.

Features

<i>Online Extra:</i> Catalyst Acquires TotalDiscovery Image

<i>Online Extra:</i> Catalyst Acquires TotalDiscovery

Zach Warren

The deal will primarily be used to expand Catalyst's core offering to offer an integrated program, Insight Discovery, that spans the EDRM.

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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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