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Supreme Court: Age Discrimination Claims Must Go to Arbitration
The Supreme Court on April 1 ruled 5-4 that courts must enforce clearly stated provisions in labor contracts that require age-discrimination claims to go to arbitration.
April issue in PDF format
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Warn Potential Patent Infringers: But Do Your Homework First
In order to better understand the required level of care that must be taken before issuing notice letters to potential patent infringers, and the legal standard under which that care may be later judged in court, we address two recent Federal Circuit cases on this topic.
The Little License That Could: Dangers of Using Open-Source Code After Jacobsen v. Katzer
Although the open-source movement has been active for more than a decade, it is only in recent months that such a copyright license actually has received the imprimatur of enforceability ' from an unlikely court (the Federal Circuit) construing a perhaps unlikely license (the Java Model Railroad Interface for model train software).
April issue in PDF format
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In the Marketplace
Highlights of the latest equipment leasing news from around the country.
CIT Survey Examines the Middle Market's Outlook on the Economy
In the opinion of four out of five middle-market executives, the financial crisis will bottom out in 2009. This is according to a research report, "U.S. Middle Market Outlook 2009: Navigating the Credit Crunch," the first in a series of four in-depth studies on the middle market sponsored by CIT Group and produced by Forbes Insights, the research practice of Forbes Media.
First Modifications Since 2001 Considered for UCC Article 9
Part One of this article addressed items on the Article 9 Joint Review Committee's agenda, including naming issues and transmitting utilities. This second installment discusses forms of initial financing statements and amendments, correction statements, control of deposit accounts, intangibles, and the <i>Commercial Money Center</i> and <i>Highland Capital</i> cases.
How CDOs, CMOs, LILOs and SILOs All Turned into Alphabet Soup
This article provides a very condensed version of both the current financial global crisis and the problems that exist in the LILO/SILO transactions and then draws some unseen parallels shared by each of them. In addition, some conclusions are drawn as to what may be learned from these events.
Commercial Lessors and Ontario's New Motor Vehicle Sales and Dealership Act
On Jan. 1, 2010, the long-awaited Ontario Motor Vehicle Dealers Act, 2002 and its two Regulations will come into force. The impact of this legislation is far-reaching to any person who sells, leases, or finances motor vehicles (consumer or commercial) in the Province of Ontario.

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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