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Arbitrate or Litigate? Choose Your Poison
With the costs of defending employment discrimination lawsuits continuing to escalate, employers continue to search for alternatives. One alternative is a method of resolving disputes without involving the judicial system: arbitration.
Court Rules in Suit over Stones Blackberry License
The U.S. District Court for the Southern District of New York decided that The Rolling Stones' tour management company didn't breach the exclusivity terms of an agreement for use of Stones intellectual properties in conjunction with the planned development of a limited-edition Blackberry smartphone
The Impact of Technological Developments on the Workplace
The first part of this article discussed several different contexts in which changing technology is affecting the workplace and presenting new, and sometimes unique, challenges to Human Resources professionals. The conclusion herein discusses ways to protect a company's assets.
The Phonorecord Compulsory License Statute and the Unresolved 'Arrangement Privilege'
The Copyright Act of 1976 reflects a balance of the competing interests of copyright holders and those wishing to build on their existing works. As to composers of music, on one hand it secures to copyright holders the exclusive rights of exploitation in the manners prescribed by Sec. 106. On the other hand, the Act recognizes that new creation is often rooted in existing works, and therefore allows a new artist to borrow from existing works in appropriate circumstances without fear of being labeled an infringer. For over a century, one such "carve-out" from the exclusive rights secured to copyright owners has been the compulsory license in and to musical works, codified at 17 U.S.C. Sec. 115. Yet certain of Sec. 115's parameters have never been clearly defined.
The ADA Amendments Act
Congress recently enacted the ADA Amendments Act of 2008 to clarify its intent as to who is protected by the Americans with Disabilities Act of 1990. Here's how to comply.
Movers and Shakers
Hogan &amp; Hartson Wins MySpace Ruling<br>e-Discovery Firm's Counsel Wins Case Study Contest
Developments of Note
FTC Stops Business That Used the Web To Peddle Cancer 'Cures' <br>More Time Allowed for Comments on Proposed Changes to Ad Guides
NY Judge Rejects Amazon's Claim Against Web Sales Tax Statute
A state judge has ruled that Amazon.com did "not come close" to demonstrating the unconstitutionality of a new state tax statute that requires many online retailers to collect state sales tax on purchases by New York residents.
Fraud, Fraud Everywhere (Nor Any Relief For the Victim)
From Wall Street executives, to Ponzi scammers like Bernard Madoff, to run-of-the-mill scammers easily exposed at sites such as Snopes.com, the Internet ' as we all should know ' has truly souped up, and made easier, frauders' ability to prey on others than ever before.
ESI Preparedness
As corporate litigation increases in a down economy, businesses have felt the pressure more than ever to take inventory of their ESI and prepare for the day their ESI management practices are called into question.

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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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