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Features

Traditional Cost Recovery Image

Traditional Cost Recovery

Robert Mattern

The firestorm of publicity regarding clients pushing back and refusing to pay for certain fees, and especially soft costs, begs the question: Is the traditional cost recovery model dying or perhaps already dead? The answer is no.

Fourteen Profitability Techniques Other Than More Hours and Higher Rates Image

Fourteen Profitability Techniques Other Than More Hours and Higher Rates

Joel A. Rose

This article describes 14 approaches to enhancing profitability other than working more hours and charging higher hourly rates.

November issue in PDF format Image

November issue in PDF format

ALM Staff & Law Journal Newsletters

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IP News Image

IP News

Jeffrey S. Ginsberg & Joseph Mercadante

Highlights of the latest intellectual property news from around the country.

Policing Trademark Rights and the Problem Posed By Bullying Image

Policing Trademark Rights and the Problem Posed By Bullying

Carl A. Schaffer

Overly aggressive enforcement of trademark rights by high-profile brand owners can lead to consumer backlash when such enforcement is perceived as "trademark bullying" of the "little guy." Such enforcement efforts have grown increasingly hazardous during the era of Internet blogging and social networking.

Seventh Circuit Protects Trademark Licensees in Bankruptcy Court Image

Seventh Circuit Protects Trademark Licensees in Bankruptcy Court

Judith L. Grubner

The Seventh Circuit has now adopted the conflicting view that ' 365(n) of the Bankruptcy Code does not affect trademark licenses in one way or another and that <i>Lubrizol Enterprises, Inc. v. Richmond Metal Finishers, Inc.</i> was incorrectly decided.

Features

Your Genes Are Not Patent Eligible, But Your 'Isolated' Genes Are Image

Your Genes Are Not Patent Eligible, But Your 'Isolated' Genes Are

Veronica Mu'oz

In a closely followed case involving the patentability of DNA sequences of the BRCA1 and BRCA2 genes, which account for most forms of inherited breast and ovarian cancer, the Federal Circuit largely followed its prior 2011 ruling and again held that isolated DNA sequences are patent-eligible subject matter.

<b><i>Online Exclusive:</i></b> Google Opts to Make a Deal in AdWords Spat with Rosetta Stone Image

<b><i>Online Exclusive:</i></b> Google Opts to Make a Deal in AdWords Spat with Rosetta Stone

Jan Wolfe

Google Inc. has given up the fight in a closely-watched case accusing the company of infringing trademarks and facilitating the sale of counterfeit goods.

November Issue Delayed Image

November Issue Delayed

ALM Staff & Law Journal Newsletters

Dear Readers:<p>Due to the power outage caused by Hurricane Sandy, publication of <i>The Intellectual Property Strategist</i> was delayed. LJN regrets any inconvenience this may have caused.

The Eighth Annual MLF 50: The List Image

The Eighth Annual MLF 50: The List

ALM Staff & Law Journal Newsletters

The MLF 50 List in PDF Format.

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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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