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Prepare Now for Whistleblower Complaints Image

Prepare Now for Whistleblower Complaints

Scott E. Gross

In a little publicized section of the Consumer Product Safety Improvement Act of 2008 ("2008 Act"), employees in virtually every corner of the consumer products industry were given the right to file lawsuits claiming their employer retaliated against them for having raised consumer product safety concerns.

Features

Work Authorization Documents Image

Work Authorization Documents

Mark N. Reinharz

A recent decision by a New York State appeals court has provided employers with yet another reason to verify scrupulously the documents provided to it by potential employees.

Features

Expect Increased Criminal Enforcement of Employment Taxes Image

Expect Increased Criminal Enforcement of Employment Taxes

Steven Toscher & Dennis Perez

With ever widening budget deficits and economic limitations on raising taxes, the IRS will go in the only direction it can, that is, to mine the "tax gap" ' the difference between the taxes that should have been collected under current law and those that actually are collected.

Features

The Law Enforcement Response to the Financial Crisis Image

The Law Enforcement Response to the Financial Crisis

Mark K. Schonfeld

As the financial crisis has deepened, the pressure for prosecutions from politicians, the media and the public has grown. In turn, federal and state law enforcement and regulatory agencies have devoted vast resources to investigating the crisis.

Features

e-Commerce Companies v. Hackers Image

e-Commerce Companies v. Hackers

Henfree Chan & Bruce S. Schaeffer

The 21st century is clearly the age of cybercrime, and e-commerce companies of all stripes should be especially concerned because there are only two types of computer systems: those that have been hacked, and those that will be hacked.

Features

Defending Against Trade Secret Misappropriation Lawsuits Image

Defending Against Trade Secret Misappropriation Lawsuits

J. T. Westermeier

There are several often-overlooked strategies for defending against trade-misappropriation claims. The first I call the Trade Secret Per Se Doctrine. The second pertains to open-source software. Both of these strategies need to be fully considered in appropriate trade-secret misappropriation cases, to which e-commerce counsel are no strangers.

Features

Practice Tip: The Fine Art of Safely Lifting Litigation Holds Image

Practice Tip: The Fine Art of Safely Lifting Litigation Holds

Sarah L. Olson

This article explores some of the legal and practical considerations that go into lifting a litigation hold and minimizing the risk of the activity.

<B>BREAKING NEWS:</B> Supreme Court's Wyeth Ruling Deals a Blow to Pre-emption Defense Image

<B>BREAKING NEWS:</B> Supreme Court's Wyeth Ruling Deals a Blow to Pre-emption Defense

Tony Mauro

The Supreme Court's decisive ruling on March 4 against Wyeth in a landmark pharmaceutical product liability case may also close off a major front in a hard-fought battle by businesses and the Bush administration to insulate national corporations from state tort litigation.

Features

<B>BREAKING NEWS:</B> Supreme Court's Wyeth Ruling Deals a Blow to Pre-emption Defense Image

<B>BREAKING NEWS:</B> Supreme Court's Wyeth Ruling Deals a Blow to Pre-emption Defense

Tony Mauro

The Supreme Court's decisive ruling on March 4 against Wyeth in a landmark pharmaceutical product liability case may also close off a major front in a hard-fought battle by businesses and the Bush administration to insulate national corporations from state tort litigation.

Features

Being Ready for Government Investigations in a Time of Financial Crisis Image

Being Ready for Government Investigations in a Time of Financial Crisis

David Krakoff & Peter White

In this heightened enforcement environment, it is more important than ever that corporate general counsel be ready and able to navigate a minefield of complex issues as soon as they become aware that their company is the focus of a government investigation.

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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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