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Features

eSports Raise Labor Law Issues for Teams and Players Image

eSports Raise Labor Law Issues for Teams and Players

Brian D. Murphy

The preference of the parties involved, even if reduced to writing, is rarely determinative of employment status. Instead, the specifics of the relationship will govern.

Features

<i>Legal Tech:</i>What an Attorney Can Learn from Legal Tech Marketing Professionals Image

<i>Legal Tech:</i>What an Attorney Can Learn from Legal Tech Marketing Professionals

Jonathan Friedland

Some key takeaways and hot topics that should be on the radar of lawyers from the Legal Marketing Association's Legal Marketing Technology Conference in Chicago.

Features

From Your Editor: Happy New Year, 2018! Image

From Your Editor: Happy New Year, 2018!

Kimberly Rice

Editor-in-Chief Kimberly Rice shares some thoughts on the direction of legal services in the U.S., and the role as strategically-minded legal marketing executives who strive to help shape the success of their lawyer clients to think outside their comfort zones of hourly billing and high compensation packages.

Features

Quarterly State Compliance Review Image

Quarterly State Compliance Review

Sandra Feldman

This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect from Oct.1, 2017 to Jan. 1, 2018. It also looks at recent decisions of interest from Delaware.

Features

<b><i>Leadership:</i></b> Nurturing Thought Leaders Image

<b><i>Leadership:</i></b> Nurturing Thought Leaders

Stephan Hovnanian

When your target audience has an opportunity to connect with the thoughts and expertise of a team member, there's a stronger bond of trust than if that same audience were reading a press release. Here's how to make that happen.

Features

Clarity for New York Takings Law Image

Clarity for New York Takings Law

Jon Houghton

Determining whether or not a government regulation constitutes a “taking” for the purposes of the Fifth Amendment can be a complex endeavor. The recent Second Department decision of <i>Matter of New Creek Bluebelt, Phase 3 (Baycrest Manor Inc.)</i>, provides some guidance on three important regulatory takings issues.

Features

2018: What Last Year's Trends Can Mean for Big Law Image

2018: What Last Year's Trends Can Mean for Big Law

Scott Flaherty, Chris Johnson, Meghan Tribe, Roy Strom, Miriam Rozen & Lizzy McLellan

With the new year upon us, law firms have just been through the typical year-end crush of collections, budgeting, compensation decisions and more. The authors recently took a look at 2017's hottest trends, and explored what we could expect from them in 2018.

Features

Class Counsel Get Favorable Ruling in NFL Concussion Litigation Image

Class Counsel Get Favorable Ruling in NFL Concussion Litigation

Max Mitchell

A federal judge sided with class counsel in the NFL concussion litigation on several disputes, including how the former players' claims should be processed and whether attorney fee awards should be delayed until more payments are made to the claimants.

Features

Federal Tax Errors That Attorneys Make Image

Federal Tax Errors That Attorneys Make

Matthew A. Feigin

This article is intended to help practitioners by warning of mistakes the author has seen matrimonial attorneys make in applying federal tax law.

Features

The Do's and Don'ts of 'Yellowstone' Injunctions: A Brief Survey Image

The Do's and Don'ts of 'Yellowstone' Injunctions: A Brief Survey

Daniel A. Cohen & Fielding E. Huseth

A Yellowstone injunction proceeding is a proceeding in New York court in which a commercial tenant seeks to enjoin the landlord from evicting the tenant for an alleged breach of the lease. This temporary relief preserves the tenant's ability to cure should the court determine that the tenant is in breach, and thus avoid forfeiting its substantial investment in the leasehold.

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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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