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Real Property Law
December 01, 2022
Church's Board Approved Sale Questions of Fact About Ouster Precluded Dismissal of Accounting Claim Against Co-Tenant Forgery Allegations Failed to Raise Question of Fact No Private Right of Action to Enforce Food Cart Regulations
Conflict Strategies: Three Keys to an (Almost) Drama-Free 2023 for Your Law Firm
December 01, 2022
Office drama can be a big problem for law firms. Whether it is showing up as office gossip, the partner who is terrible to their associates and staff, two people who just cannot seem to get along, or a revolving door of lawyers or staff, drama can be distracting, hamper productivity, and reduce billable hours.
10 Legal PR Predictions for 2023
December 01, 2022
As we come into the holiday season, PR professionals will have to adapt and pivot with all the variables to think about ways to satisfy 2023 PR trends and get their client in the spotlight.
How Law Firms Can Have Their (Hybrid) Cake and Eat It, Too
December 01, 2022
Lawyers, especially young lawyers, want to work from home. But there are downsides, such as a decrease in networking and personal relationships. How can technology help balance these out so that attorneys and law firms can have their cake and eat it too.
The Impact of the Great Resignation on Legal Department Knowledge Management
December 01, 2022
Taking the time to build out technology-enabled contract workflows and document institutional knowledge is a must-have for the modern legal department looking to thrive well beyond today's challenges.
Marketing Tech: Avoid Making Hasty Tech Decisions When In Crisis Mode
December 01, 2022
In March 2020 and the months immediately following, many firms found themselves scrambling to implement tools that would meet the needs of new remote work realities. Understandably, many of these decisions were done quickly without the normal level of due diligence. Now, the same firms are realizing that those hasty, though necessary, decisions should be revisited or undone.
Copyright Claims Board: A New Stage for Copyright Infringement Claims
December 01, 2022
Copyright holders would be well advised to familiarize themselves with the Copyright Claims Board for resolving copyright infringement claims and to consider its benefits and potential downsides in bringing or defending copyright infringement actions.
Criminal Considerations and Federal Authorities In Trade Secrets Disputes
December 01, 2022
Part One of this article discussed the passing of the Economic Espionage Act to combat the growing concerns surrounding trade secret theft and the criminal components of trade secret theft. Part Two covers considerations in favor of approaching federal authorities on trade secrets theft. Part Three concludes the series with a look at the potential consequences in approaching federal authorities on trade secrets theft.
Recent Trademark In Titles Cases Show 'High Bar' for Proving Public Was 'Explicitly Misled'
December 01, 2022
When it comes to expressive content, disputes over trademark rights in titles of creative works are commonly fought under the federal Lanham Act. Many of these battles play out in courts in the U.S. Circuit Court of Appeals for the Ninth Circuit, which has well-developed legal guidelines on the subject
Can Consumer Products Be 'Expressive Works'?
December 01, 2022
In a case that may have significant implications for the ability of mark holders to enforce their marks against many types of products, the U.S. Court of Appeals for the Second Circuit is now considering whether consumer products such as sneakers can be considered "expressive works" to which First Amendment protections can apply.

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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