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Technology Puts a Dream House on Hold
A look at <i>A.E., Inc. v. Goodyear Tire and Rubber Co., Inc.</i>, No. 05-CV-01317 (D. Colo. 2007), in which visual technology paid a major part in the trail.
Consumer Product Industry, Take Note
A new federal whistleblower law will likely result in consumer product manufacturers, distributors and retailers facing expensive and lengthy litigation from current or former employees who recast themselves as whistleblowers to challenge adverse employment actions. There are a number of steps employers should take to protect themselves from this expected wave of new litigation.
Practice Tip: Changing Standards in Safety
While safety standards have existed for years for warning labels, safety signs and hang tags, no standard existed that provided guidance for manufacturers in drafting safety information in manuals or other collateral materials. Now ANSI Z535.6 has been approved, which will create consistency in longer product materials and, if followed, assist in the defense of product liability failure-to-warn claims.
NJ Trial Court Dismisses Two Hormone Therapy Cases Against Manufacturers
In a significant victory for pharmaceutical companies, the New Jersey Superior Court has granted summary judgment to Wyeth in two hormone therapy cases that had been scheduled for trial last fall.
Communicating Effectively with Colleagues and Clients
Are you a successful partner? 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.
The Treasury Department's Guidelines on Executive Pay
President Obama and Treasury Secretary Timothy F. Geithner stood together on Feb. 4, 2009, to announce the Treasury Department's new set of guidelines restricting executive compensation at financial institutions that receive governmental money. Here's what this entails.
Giving 'Til It Hurts
Even with firm cuts and layoffs, no firm can afford to give up a community-related giving practice. It can, though, and should be, controlled.
New ABA Ruling on Lateral Hiring
The American Bar Association's House of Delegates voted on Feb. 16 to amend its Model Rule of Professional Conduct governing conflicts of interest stemming from lateral hiring. Here's a brief discussion of the amendment and what it means.
Issues Facing Law Firm Ethics Counsel
Many law firms, particularly larger ones, designate attorneys or committees to address and resolve a variety of issues, from hiring, legal and insurance concerns to ethics issues. This article focuses upon the ethics function, and the unique ethics issues that are faced today by law firm ethics counsel.
How to Safeguard Employee Data
Employers should be aware of the rapid growth of data privacy and security laws, which may affect their methods of conducting business and handling personal employee information. The new laws carry with them a private right of action in some cases, civil penalties as much as $500,000 and in some states, administrative investigations.

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  • 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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