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.
A Primer on Licensing Music For Digital Distribution
Digital distribution contracts are still in their infancy as music industry practices in this area continue to solidify. As digital channels of distribution continue to penetrate the music world, it is increasingly crucial that entertainment professionals understand the nuances of licensing content for use online. This article explores current practices in this area.
Decision of Note: <b>Talk Show Not Liable For Assault</b>
The Supreme Court of New York, Appellate Division, First Department, held that a television talk show didn't owe a duty to a minor who claimed that she was sexually assaulted when she had traveled to New York to appear on a segment of the program.
Bit Parts
Recent developments in entertainment law.
Update On Webcasting Royalty Rates
Part Two of Two Part One covered statutory licenses for sound recordings and performing rights licensing for musical compositions for webcasting purposes.…
Courthouse Steps
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Protecting Against Claims Of Spoliation
The prevalence of e-mail and e-data as the primary means of business communication today raises fundamental questions for companies attempting to harmonize their record-retention policies with their obligations to preserve records in the face of litigation. <br>While the preservation of e-data poses significant challenges to companies and their counsel once litigation has begun, a well crafted record-retention policy can reduce the risk that opponents will prevail in spoliation claims and sanctions motions.
