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Issues Addressed In Supreme Court 'Unicolors' Argument
February 01, 2022
Some of the major issues the court addressed in the Unicolors oral argument, and some questions that are likely to remain open no matter the outcome.
Clarity on Patent Eligibility Law Could Be Coming In 2022
February 01, 2022
The murkiness around patent eligibility is one reason innovators have been turning more toward trade secret law to protect their inventions.
How to Protect a Website's Legal Identity
February 01, 2022
Internet site legal identity theft is becoming increasingly more sophisticated and common. If successful, a third party can use the theft of a legal identity to secure confidential information, harm marketing brand value, diminish good will and steal customers. Internet sites may employ legal, business, and technological means to protect their legal identities.
Calif. Court of Appeal Considers How to Draw Line Between Business Consulting and Legal Services In Entertainment Industry Case
February 01, 2022
The question has been frequently debated in the legal community: What is the difference between an attorney providing business consulting services or acting as legal counsel? The California Court of Appeal recently issued an opinion on the concern in the context of the entertainment industry. Though issued "unpublished," the decision offers insight and guidance on the business consultant/legal counsel dichotomy debate.
Innovation In the Recruitment of Lawyers In a Hyper-Competitive Market
February 01, 2022
The results of interviews across a cross section of professionals making decisions about hiring, development, and promotion in AmLaw 100 firms reveal the impact of the pandemic.
Mail and Wire Fraud Post 'Kelly v. United States'
February 01, 2022
This article discusses the holding by the U.S. Supreme Court Kelly v. U.S. and explains its impact on subsequent cases and concludes with a discussion of the "right to control" theory of mail and wire fraud, which has been challenged in light of the Kelly decision.
Due Diligence Can Mitigate Trademark Risk
February 01, 2022
How can one launching a new trademark mitigate the risk of rejection or infringement on the basis of likelihood of confusion with an existing mark? The primary strategy is trademark searching.
How to Obtain Subpoenas for Identifying ISP Users
February 01, 2022
This article focuses on a recent federal court decision, to explain how the well-developed law provides plaintiffs asserting a wide range of claims with the ability to proceed while protecting ISPs and, correspondingly, how it ultimately means that defendants who otherwise could remain anonymous may have to defend themselves in court.
Tax Implications of Budget Reconciliation Bill
February 01, 2022
Part Two of a Two-Part Article This installment discusses how to use benefit laws that have been on the books for over 30 years to fund not only death benefits but also alternatives to deferred compensation for business and estate planning purposes for pass-through entities.
Anti-Bullying and Corporate Responsibility
February 01, 2022
As boards implement anti-bullying policies to protect against a toxic management-to-employee workplace environment, they should also consider extending similar protection to the vital interactions between the general counsel and the CEO.

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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