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Impersonation on Social Media: The Increasing Challenges of Verification
February 01, 2023
The recent flurry of online impersonators, ranging from accounts posing as President Joe Biden to the pharmaceutical company Eli Lilly, exposes the challenges of social media platforms' verification and authentication processes.
What's Behind the Surge In Law Firms Launching Crisis Management Practices?
February 01, 2023
Over the last year or so, there has been a surge in law firms launching "crisis management" practice groups. Does this move reflect expanding relationships beyond one-off litigation matters? Is this just a collaboration and renaming or repackaging of existing attorney expertise and practices? Or is there something deeper going on?
The Difference Between 'Covenant' and 'Condition Precedent' In Song Licensing Agreements
February 01, 2023
A question of law arose for a District Judge when a songwriter sued YouTube, claiming she never approved licensing her works to YouTube — whether the administration agreement's notice-and-consent clause was a condition precedent to the administrator's ability to license the songwriter's songs.
Fair Use of Embedded Content on Social Media
February 01, 2023
The change in character of social media, from purely social communication to a mixture of the social and commercial, has had knock-on effects for courts applying traditional legal principles, notably, the application of copyright law.
How the Changing Concept of 'Work' May Jeopardize Employers' IP Ownership
February 01, 2023
A key step to ensure that employers own their intellectual property is having employees sign agreements which assign to the employer all intellectual property created in the course of employment.
What Is the Difference Between 'Covenant' and 'Condition Precedent' In Song Administration Agreement?
February 01, 2023
A question of law arose for a District Judge when a songwriter sued YouTube, claiming she never approved licensing her works to YouTube — whether the administration agreement's notice-and-consent clause was a condition precedent to the administrator's ability to license the songwriter's songs.
Tax Issues In Charitable NIL Collectives In College Sports
February 01, 2023
With a growing number of donor groups forming Name Image and Likeness collectives as not-for-profit entities, there are questions about whether or not these collectives truly qualify as charitable organizations for tax purposes.
Scrutiny of Eminent Domain Power
February 01, 2023
How closely will courts scrutinize exercises of the eminent domain power? Until recently, courts have been quite deferential when entities clothed with eminent domain power have determined that private property is necessary for public use. Two recent decisions, however, suggest that there are limits to that deference.
NY Court Strips Major Claims from Lil Wayne's Suit Against Lawyer
February 01, 2023
A New York State appellate court knocked out major claims from prominent rapper Lil Wayne's $20 million lawsuit against Ronald Sweeney, his former attorney and representative of 13 years, including causes of action for fraudulent inducement, legal malpractice, breach of fiduciary duty and unjust enrichment.
Expense Right-Sizing In a Challenging Economy
February 01, 2023
What strategies can law firms take to rein in expenses during a challenging, down market to avoid further layoffs? Look no further than the firm's back-office operations. This article presents a brief overview of five areas where your firm can not just "cut costs" but actually improve operations while doing so — this is expense "right-sizing."

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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