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Downsizing the Right Way
This first part in a two-part series deals with the primary legal risks of a "downsizing" event at your firm.
Keeping Track of Telecommuters
By restricting telecommuting to the people who really need to work at home and then asking them to sign a form indicating that they know the types of monitoring in use, a company can take reasonable protections without entering an Orwellian environment ' and making life hell for managers.
Prepare Now for Whistleblower Complaints
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.
Work Authorization Documents
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.
The COBRA Subsidy in the Stimulus Package
On Feb. 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009 ("ARRA" or the "Act"). The Act creates new obligations for employers under the Consolidated Omnibus Budget Reconciliation Act of 1986 ("COBRA"). Here's what you need to know.
Q&A: Shareholder Activism and M&A Deals in the Current Market
Page Davidson is a member of the Transactional Corporate and Securities Practice of the Nashville-based firm Bass Berry & Sims PLC. In this interview, Mr. Davidson discusses the increased role that shareholder activists play in M&A deals, how corporate counsel can develop a productive working relationship with shareholder activists, and the current marketplace forces that have led to a chain of failed deals.
Cloud Computing
It would be hard to find an IT department of a large business that was not undertaking a "cloud computing" project or at least considering the idea. Here's a look at what it is and how it works.
The Alien Tort Claims Act
In recent years, companies doing business in countries where human rights or environmental violations have occurred have found themselves dragged into U.S. courts as defendants in lawsuits brought by foreign plaintiffs to account for violations ' often committed by others, including foreign governments. Here's an update.
Mixing International Arbitration with U.S. Discovery
A recent United States court decision highlights the opportunities and pitfalls associated with the potential use of U.S.-style discovery to obtain materials for use in international arbitrations.
Quarterly State Compliance Review
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect recently. It also discusses some recent decisions of interest, including one from the Delaware Supreme Court and two from the Delaware Chancery Court.

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    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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