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Analyzing the Impact of the Many New Rules of Cybersecurity
December 01, 2021
New cybersecurity and data protection federal regulations, directives and guidelines as well as new case law, industry-specific guidelines and new state laws that, when taken together, form an industry standard applicable to almost all business sectors
Where Does Content Use Stand Now After Recent Rulings on 'Embedding' Foreshadow Circuit Split?
December 01, 2021
When and how can you display someone else's visual content on your website without running afoul of copyright law? When and how can someone else display your visual content? A recent ruling out of the Southern District of New York may upend the current paradigm.
In a Year of the Great Resignation, Corporations Need to Prepare for the Great Investigation
December 01, 2021
Even before this Great Resignation movement, corporations across the globe were reporting increases in suspicious activity, data leakage, IP theft and other data risks stemming from departing employees and remote workers. And now, with more employees having exited and the Great Resignation seeming to accelerate further, existing data and risk implications are likely to be compounded.
How Law Firms Can Gain a Competitive Advantage with Financial Intelligence
December 01, 2021
Results of the new "Implementing Financial Intelligence to Give Law Firms a Competitive Advantage in 2022 and Beyond" report revealed a striking shift in the role of law firm finance leaders, both in their value and impact. Many are using data to drive change in their organizations, amplifying the power of profitability, and leveraging their skill to fuel innovation.
Legal Issues Around Tangible Asset NFTs
December 01, 2021
When a NFT is transferred to another, both the NFT and its copyright are automatically transferred. However, the intellectual property rights associated with the underlying asset may not necessarily be automatically transferred, unless stated otherwise.
What You Need to Know About China's New Privacy Law
December 01, 2021
The Personal Information Protection Law of the People's Republic of China (PIPL) went into effect on Nov. 1 and brought with it a suite of new requirements and lingering questions.
Growth of Cyber Attacks Leading Insurers to Drop the Unprepared
December 01, 2021
Securing cyber insurance is becoming more difficult. Law firms are facing insurance carriers that are placing a heavier emphasis on proactive cybersecurity measures, dropping clients, and even exiting the cyber insurance space when the risk outweighs the premium.
Fraud Cases Increase In Cryptocurrency 'Wild West'
December 01, 2021
When something goes wrong with an investment in cryptocurrency and fraud victims seek legal help, disputes often turn out to be a major challenge for plaintiffs and law firms.
Legal Tech: The Evaporation of E-Discovery
December 01, 2021
The thinking in the legal world regarding e-discovery has so changed that, as with many other ideas and tools that were once novel, those ideas lost their novelty as those in the legal community became comfortable with them and thought of them as simply different ways of articulating ideas and tools long used in the legal world.
How Law Firms Can Gain a Competitive Advantage With Financial Intelligence
December 01, 2021
The results of a new report — Implementing Financial Intelligence to Give Law Firms a Competitive Advantage in 2022 and Beyond — revealed a striking shift in the role of law firm finance leaders, both in their value and impact. Many are using data to drive change in their organizations, amplifying the power of profitability, and leveraging their skill to fuel innovation. Ultimately, they are helping their firms gain a competitive advantage.

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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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