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Court Declares the Wisdom of the 'Plan Documents Rule'
An ex-spouse of a now-deceased plan participant is the named beneficiary of the decedent's savings and investment plan (SIP) benefit, but the ex-spouse divested herself of all rights to the decedent's SIP benefit in a divorce decree. Should the ex-spouse receive the benefit? A look at a recent Supreme Court decision.
UPCOMING EVENT
Entertainment Law in Review: Recent Cases, Trends & Impact, Los Angeles, April 29.
Bit Parts
Film Rights/No Double Recovery Allowed<br>Music Royalties/Statute of Limitations<br>TV Affiliation Agreements/Promotional Payments
Parent Alienation
This article begins a three-part series that will: 1) identify the problem related to extreme cases of parent alienation; 2) discuss the impact of the problem; and 3) propose solutions.
Attorney Fees
COPYRIGHT INFRINGEMENT LITIGATION
<b>Counsel Concerns:</b> Experts' Reports Insufficient in Broadcast-Deal Malpractice Suit
The U.S. District Court for the Eastern District of Virginia granted summary judgment for a law firm sued for legal malpractice over the handling of a license to provide in-store radio broadcasts at U.S. military commissaries. The district court found fault with the broadcast client's expert witnesses in the malpractice case.
Rulings in Artist, Producer Digital Royalties Cases
The federal jury verdict for Universal Music defendants, in a suit over digital royalties brought by a production company entitled to a share of rapper Eminem's royalties, was a loss for artists and producers seeking 50% of a label's net revenues from digital download and ringtone sales of the artist sound recordings.
Communicating Effectively with Colleagues and Clients
Are you a successful communicator? Are you thriving at your firm and with your clients by raising your communication bar and keeping it high? The following four principles will enable you to improve your effectiveness when communicating orally or in writing with colleagues and clients.
Rules Governing Fax and E-mail Ads
The importance of having a robust compliance policy to review the content of proposed advertisements is well-known and widely accepted. But what may not be as familiar is the need for a separate policy focused on the means of disseminating such advertising.
Technology in Marketing: The Top 10 E-mail Newsletter Design Best Practices
If your law firm is distributing e-mail newsletters to clients, it's not enough to just click "send." To ensure that you are maximizing the experience of your subscribers, and thereby promoting loyal readership, you need to consider "best practices" in e-mail design.

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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