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Features

An Analysis of Proposed Federal Cybersecurity Legislation Image

An Analysis of Proposed Federal Cybersecurity Legislation

Todd Taylor

Michael Chertoff, the former head of the U.S. Department of Homeland Security (DHS), recently remarked that "cyber threats represent one of the most seriously disruptive challenges to national security since the onset of the nuclear age 60 years ago."

Anonymous vs. Fraudulent Internet Speech Image

Anonymous vs. Fraudulent Internet Speech

Jonathan Bick

Even though the foundation of First Amendment rights has prevailed through the centuries, the anonymity and potentially unlimited mass audience of Internet speech poses difficulties for application of traditional doctrines governing speech ' whether political or not, and, it stands to reason, most instances of speech on the Internet are not political in nature.

Surviving Goliath Image

Surviving Goliath

Stanley P. Jaskiewicz

Despite David's victory in the Bible, the Goliaths of the world usually win. e-Commerce tells the same story, as many of the strongest retailers are equally big in the virtual world.

The Eighth Annual MLF 50: The Top 50 Law Firms in Marketing and Business Development Image

The Eighth Annual MLF 50: The Top 50 Law Firms in Marketing and Business Development

Kimberly Alford Rice, Wendy Stavinoha & Steven Salkin

This year's submissions to the MLF 50 were so uniformly excellent, innovative and enthusiastic that it was almost impossible to choose the winners, let alone the Top Five.

Features

Bit Parts Image

Bit Parts

Stan Soocher

Counsel Concerns<br>Puzo Estate's Claim of Breach of 1969 Godfather Agreement Not Preempted by Federal Copyright Law<br>Subsequent Purchaser of Network Rights Not Liable for Royalties to Original Seller

Cameo Clips Image

Cameo Clips

Stan Soocher

File-Sharing of Books<br>Right of Publicity/Descendibility Limit

Trademarking Athletes Names and Slogans Image

Trademarking Athletes Names and Slogans

Peter Perkowski

Bryce Harper's application to trademark his famous retort: "That's a clown question, bro" is one of the latest examples of a growing trend: athletes seeking trademarks on nicknames, slogans and catchphrases. This isn't a new thing. But the latest rash of athlete applicants shows that it is happening more and more frequently.

Features

No Injunction In Video-on-Demand Litigation Image

No Injunction In Video-on-Demand Litigation

Eric Osterberg

The digital content era has moved patent issues to the forefront for the entertainment industry. In one recent case, even after winning a patent infringement case, a video-on-demand company still may not get an injunction prohibiting ongoing infringement by defendant Verizon Communications.

Features

The Magnificent 25 Image

The Magnificent 25

Kimberly Alford Rice

Many mid-size firms have been growing, aggressively. And, from the creative submissions we received, it is clear why.

Features

1992 Agreement Bars Recapture of Superman Copyrights Image

1992 Agreement Bars Recapture of Superman Copyrights

Julie Triedman

In a decision that helps pave the way for Warner Brothers Entertainment and its DC Comics subsidiary to maintain their grip on the Superman franchise, District Judge Otis Wright II of the U.S. District Court for the Central District of California rejected a bid by the estate of Superman co-creator Joe Shuster to reclaim partial control over the iconic superhero.

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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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