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Features

The Lilly Ledbetter Fair Pay Act and What It Means for Employers Image

The Lilly Ledbetter Fair Pay Act and What It Means for Employers

Holly S. A. Eng & Kahla Bunde

When is history simply that: "history"? Perhaps never under the Lilly Ledbetter Fair Pay Act, which sailed through the House and Senate in January and became the first piece of legislation signed into law by President Obama.

Features

DOJ Antitrust Division Answers Questions Under Leniency Program Image

DOJ Antitrust Division Answers Questions Under Leniency Program

Richard E. Donovan

the Department of Justice Antitrust Division ("Division") recently issued an interesting policy paper that clarifies its position on certain issues under the leniencyprogram, which positions previously may have been known only to those who practice regularly in the field of criminal antitrust.

Features

The Treasury Department's Guidelines on Executive Pay Image

The Treasury Department's Guidelines on Executive Pay

Angela Marie Hubbell

The guidelines were designed to strike a balance between the financial industry's need to attract top talent to lead in the current economic climate and the public's interest in requiring transparency and accountability. They require not only disclosure of, but an explanation and justification of the policy supporting certain compensation decisions. Here's how they work.

Features

What's in a Domain Name? The Changing Internet Image

What's in a Domain Name? The Changing Internet

Stephen Meyers

Generic, top-level domain names (gTLDs), such as .com or .net, are the sorters of the Internet. They serve the single purpose of identifying the database in which a domain name is registered. Last June, ICANN reversed its long-held position and announced that it would allow an unlimited number of generic top-level domains.

Features

Auto Dealer Can Bring 'Bad Faith' Image

Auto Dealer Can Bring 'Bad Faith'

Douglas M. Mansfield & J. Todd Kennard

An appellate court recently ruled that an automobile dealership that could not file suit to enjoin an additional dealership under the statute's specific additional "add-point" statute could nevertheless file an administrative proceeding based on a "generic" statute that prohibits conduct by a manufacturer that is "capricious, in bad faith, or unconscionable."

Features

New Contracts in Kansas Can No Longer Contain Commonly Used Liability Indemnity Provisions Image

New Contracts in Kansas Can No Longer Contain Commonly Used Liability Indemnity Provisions

William R. Wood II

The 2008 Kansas Legislature passed a statute that declares void as against Kansas public policy long-standing contract risk-allocation provisions in many commercial contracts ' including franchise and dealership contracts. The story begins in 2004, when the legislature enacted a prohibition against liability indemnity provisions in construction contracts.

Features

Real Property Law Image

Real Property Law

ALM Staff & Law Journal Newsletters

Analysis of recent rulings.

Features

Eminent Domain Image

Eminent Domain

ALM Staff & Law Journal Newsletters

A recent important case.

Features

Index Image

Index

ALM Staff & Law Journal Newsletters

Everything contained in this issue, in an easy-to-read format.

Features

New FMLA Regulations: What Every Employer Should Know Image

New FMLA Regulations: What Every Employer Should Know

Mark Blondman & Brooke Iley

In November 2008, the U.S. Department of Labor published revised regulations to the Family and Medical Leave Act (FMLA or the Act) for the first time in the Act's 15-year history. The much anticipated regulations are over 750 pages long and take effect on Jan. 16, leaving scant time for employers to implement new procedures to comply with the law. The most significant of these changes are addressed herein.

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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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