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Features

A Wireless Practice Image

A Wireless Practice

Robert Rodriguez

In a world driven by technology yet somehow tied down by the fear of change, I found myself committed to making Miller, Kagan, Rodriguez & Silver (MKRS) stand out as a productive mobile practice ' one that could reap all the benefits of technology but maintain camaraderie, efficiency and productivity.

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In the Marketplace

ALM Staff & Law Journal Newsletters

Highlights of the latest equipment leasing news from around the country.

Features

Landlord & Tenant Image

Landlord & Tenant

ALM Staff & Law Journal Newsletters

Analysis of two key cases.

Features

Creditor Recoupment Image

Creditor Recoupment

Michael L. Cook & Karen S. Park

The U.S. Court of Appeals for the Eighth Circuit recently held that equitable considerations could not prevent a creditor's recouping of amounts owed to it by a Chapter 7 debtor.

Entity Management In Real Time Image

Entity Management In Real Time

Brenda Davis

As my responsibilities have evolved, so too have the tools and technologies that I use.

Leveraging the Assets of the Law Library Image

Leveraging the Assets of the Law Library

Nina Cunningham, Ph.D.

The first installment of this series, in the August 2012 issue, discussed contract terms with online research providers. This installment discusses the role of the law librarian in the IT department.

Health Care Equipment Leasing Image

Health Care Equipment Leasing

Carl Boccuti

Equipment leasing in the health care sector typically stands apart from leasing in other industries. This is a notable point even in stable times, but is especially important to acknowledge as the political and economic environment has provoked an out-of-the-ordinary shift in the U.S. health care market. Reviewing several major developing areas may provide a fuller picture of health care equipment leasing's recent past and lends insight into what lies ahead.

Features

Perfection and Priority of a Security Interest in Internationally Mobile Goods Image

Perfection and Priority of a Security Interest in Internationally Mobile Goods

James F. Fotenos

Even if a loan to a borrower is made by the Cayman Islands branch of a lender, and thus neither lender nor borrower has any "presence" in New York (other than, not atypically, lender's counsel), the parties' choice of New York law should be effective, as New York permits parties to commercial agreements involving not less than $250,000 to "agree that the law of this state shall govern their rights and duties in whole or in part, whether or not such contract, agreement or undertaking bears a reasonable relation to this state."

Features

The Litigation Data Avalanche: Time to Move To the Cloud? Image

The Litigation Data Avalanche: Time to Move To the Cloud?

Matthew Gillis & Steven Berrent

For many firms, the time has come to ask a similar question about litigation data that they asked about the mailroom: Should we step up our infrastructure investments to host all of our own software tools and client matter files, or should we explore alternative options for outsourcing this crucial function?

Eminent Domain Law Image

Eminent Domain Law

ALM Staff & Law Journal Newsletters

A recent case of importance.

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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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