Features

Fate of FTC's Noncompete Ban Unclear After Texas Federal Court Ruling
A Texas federal court's overturning of the Federal Trade Commission's ban on noncompete clauses for most workers is far from the final word on the legality of the controversial rule.
Columns & Departments
IP News
Federal Circuit: Affirms Preliminary Injunction on Cancer Assays Federal Circuit: Affirms Judgment of Unpatentability on the Pleadings for Claims Directed to Method of Assisting an Investigator in Conducting a Background Investigation
Features

The Case for Building a Documentation Plan On Business Owner Compensation
Business owners, among their numerous tasks, should seek to minimize income taxes as they would any other expense, of course accommodating to the extent necessary the needs of their business. In this regard, building a documentary record to support the various tax positions being taken may preserve an income tax deduction that otherwise would be lost
Columns & Departments
Landlord & Tenant Law
Liquidated Damages Clause Might Constitute Unenforceable Penalty
Columns & Departments
Players On the Move
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Features

The Top Rated Bull and Bear CRE Markets
Trepp named its top choices for bull and bear CRE metro markets and did the same for the single most property type and metro combination, during July 2024. The firm is trying to identify what drives positive and negative investor sentiment.
Features

Legal Remedies Against Revenge Porn
Instant access to the internet has made sharing photographs online easy. Unfortunately, this has opened the door to revenge porn. Revenge porn is a serious violation of privacy that can have devastating consequences for victims. How might a victim of revenge porn counteract posts of compromising photographs to social media?
Features

Why High-Quality AI Data Is Crucial to Fighting Financial Crime
Integrating AI is more than just picking an AI solution. Counsels need to ensure they take a strategic approach to integrating this technology and understand the business and financial crime risk exposures they may face.
Features

Security Awareness Training: It's Time to Elevate Its Importance In Your Information Security Program
With the threat landscape changing quickly, security awareness training should include more than just a click-through video. There needs to be a focus from leadership on protecting firm assets and a near constant diligence on ensuring users know and understand the risks and how they might be compromised.
Features

How SMB Law Firms Can Leverage AI In E-Discovery to Generate New Business
The scale and scope of e-discovery today leaves legal professionals scouring the vendor world for help, which often subjects them to complexity and, frankly, smoke and mirrors. Yet the introduction of AI and other automation-based technologies may now be cutting through some of that mystery.
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- 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 ›
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- 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 ›