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Why Most Private Aircraft Operators Violate the FAA's Operating Rules Image

Why Most Private Aircraft Operators Violate the FAA's Operating Rules

David G. Mayer & David T. Norton

Continuation of last month's discussion about how a high percentage of business aircraft operators do not comply with key provisions of Parts 91, 119 and 135 of the Federal Aviation Regulations ("FARs"),

Features

<b><i>BREAKING NEWS:</i></b> First Challenge to Gay-Marriage Ban Headed for Trial Image

<b><i>BREAKING NEWS:</i></b> First Challenge to Gay-Marriage Ban Headed for Trial

Saranac Hale Spencer

The first challenge to Pennsylvania's ban on same-sex marriage filed in federal court this summer has survived motions to dismiss, setting the stage for a possible trial next year.

Features

It's a Licensee Eats Licensee World Image

It's a Licensee Eats Licensee World

Scott J. Slavick

These days, it is commonplace for companies to license multiple parties in various distinct geographical areas to use the same trademark. Because different licensees may be competitors of one another in different product lines, the question often arises as to whether one licensee may challenge another's right to use a licensed mark and, if so, where.

Features

Changes Recommended to Australian Franchising Legislation Image

Changes Recommended to Australian Franchising Legislation

Stephen Giles

The change of federal government in Australia on Sept. 7, 2013 has created some uncertainty in relation to the changes to the Franchising Code of Conduct that were expected to result from a recent comprehensive review of the Code.

Features

Slew of Privacy Bills Will Keep CA Lawyers Busy Image

Slew of Privacy Bills Will Keep CA Lawyers Busy

Cheryl Miller

When California lawmakers sent a host of online privacy bills to the governor in the final weeks of the session, consumer groups generally reacted with a "ho-hum."

Features

The 'Friendly Fraud' Chargeback Image

The 'Friendly Fraud' Chargeback

Monica Eaton-Cardone

The abuse of the chargeback option has resulted in a "friendly fraud" epidemic harming not only merchants, but the very consumers the programs were designed to help.

Features

New Developments In Social Media Discovery In Employment Cases Image

New Developments In Social Media Discovery In Employment Cases

Evandro C. Gigante & Jacklina A. Len

As social media websites have become increasingly popular, courts have continued to address the legal issues raised by social media, particularly in the area of discovery. This article focuses on recent developments in the discovery of social media content in employment discrimination cases.

Features

<i>Inter Partes</i> Reviews Image

<i>Inter Partes</i> Reviews

Steve Hemminger & Chris Kelly

In September of last year, the America Invents Act introduced a number of powerful tools for challenging the validity of an issued patent at the USPTO ' Inter Partes Review (IPR), Covered Business Method Review (CBMR), and Post-Grant Review (PGR). By a large margin, however, the most popular of these procedures has been the IPR.

Features

Legal Battle Plans Image

Legal Battle Plans

J.T. Westermeier

Cyber security incidents are rising very rapidly. The growing number of serious attacks on essential cyber networks is one of the most serious threats the U.S. faces. One of the critical controls relating to cyber security incidents is the implementation of effective cyber security incident response plans. This article recommends that legal battle plans be developed and maintained as a critical part of your cyber security incident response plans.

Features

Data Encryption And the Law Image

Data Encryption And the Law

Richard Raysman & Peter Brown

This article discusses several of the pressing matters within the realm of data encryption, including: the Constitutional concerns that arise when an individual is forced by the government to divulge encrypted data; the recent disclosures in the press of government involvement with encrypted data; and the current global legal climate in which these issues are situated.

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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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