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Data Analysis Is Cementing Important Role In Law Firms Talent Evaluation
February 01, 2022
As more law firms embrace the power of mining data to inform talent-related decisions, some have predicted that Big Law hiring could become like modern Major League Baseball: A data-centric endeavor that trusts the numbers, and those who know how to interpret them, over all else.
Players on the Move
February 01, 2022
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Will Supreme Court Settle Sale of Tax Liens Issue?
February 01, 2022
There's a split among circuit courts on whether tax foreclosure sales may be avoidable as preferential and fraudulent transfers by property owners who subsequently seek relief under the Bankruptcy Code. If the Supreme Court eventually weighs in to resolve this circuit split, property owners, municipalities, and potential bidders for tax liens across the country will receive greater clarity on this critical issue.
Fourth Circuit: Shareholders Face High Bar In Demonstrating Scienter
February 01, 2022
A recent Fourth Circuit decision held that shareholders must meet a high bar in demonstrating scienter to avoid early dismissal of the case. The decision also shows the fact-intensive approach courts use to distinguish fraudulent statements from those that, even if mistaken, were made innocently.
Law Firms Looking to Balance Decreasing Office Space With Increasing Head Count In 2022
February 01, 2022
Streamlining office space corresponds with industry-wide trends of law firms embarking on two seemingly paradoxical goals: decreasing their office space while aggressively growing head count.
Bit Parts
February 01, 2022
Latest Decision in Band Name Dispute Among Original "Rascals" Members Second Circuit Upholds District Court's Interpretation of "Broadcasting" in Insurance Policy's Media Exclusion Clause
Remote Work Yields Savings, But Watch for Tax and Jurisdiction Issues
February 01, 2022
While the rapid ascent of home offices may have initially come as a shock to more than a few corporate cultures, the truth is that business leaders who embrace long-term remote working can yield significant cost savings and boost employee morale.
Bankruptcy Practices Using Slowdown to Restructure, Sniff Out Distressed Sectors
February 01, 2022
Bankruptcy practice leaders admittedly have some time on their hands, which they're using to sniff out insolvency in distressed sectors and market their services to existing and potential clients.
More than Just a Purchase, a Partnership: Tips for Success with Cloud-based Practice Management In 2022
January 01, 2022
While functionality and features are important, there are a number of additional considerations when evaluating a practice management solution. Will your platform provider serve as a partner that will offer expert guidance and be invested in your ongoing success?
In the New Year, Be Sure to Highlight Client Service Skills
January 01, 2022
Demonstrating client service before the engagement serves attorneys well into the ongoing relationship. This checklist can help professionals discuss important topics with new clients and demonstrates their skills in quality client service.

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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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