Most law firms, regardless of size, have to outsource technology projects to consultants who have capabilities that the firm does not carry in-house. The smaller firms that do not retain a large IT staff must take this approach more often. Fortunately, outsourcing technology support can evolve into a more valuable model for working with outside consultants: "expertSourcing." When a law firm hires a company to assist on a technology project, generally they are bringing in technicians who will execute it within the narrow boundaries of the scope. The consultants may not ask, or even know to ask, crucial questions about how the technology fits into the law firm practice, how it facilitates other firm needs or if a better solution is available.
Our firm wanted a program that would not only organize our case files electronically, but improve workflow and allow for easy access from a desktop as well as remotely. Because of our team approach to handling cases, we also needed a product that would allow each of us to see what tasks or issues another person was handling, without having to inquire as to the status or physically look at the file.
In <i>Merscorp. v. Romaine</i> (<i>see</i> page 7, <i>infra</i>), Suffolk County Supreme Court was faced with a clash between the traditionally local real property recording system and the increasingly national secondary mortgage market. The County Clerk's office had refused to accept for recording instruments filed in the name of MERS (Mortgage Electronic Recording Systems, Inc.), prompting a proceeding by MERS and the operating company that owns the MERS system for a writ of mandamus compelling the County Clerk to record and index MERS instruments. The case resulted in a split decision: the County Clerk is required to record MERS mortgages, but not assignments or certificates of discharge. The court's opinion, however, reveals some misunderstanding both of the MERS system and of the recording act.
Businesses of all sizes and types should not buy Web sites like a commodity. <br>Though it's true that many smaller firms have Web sites, good site design and coding require too much skill and creativity to risk using the lowest-cost provider. <br>Instead, a successful Web-site development contract requires business oversight by the proper personnel ' a team of them ' just as the negotiation of a joint venture or other complex deal does.
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.
Like poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
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.
Parties in large non-consumer transactions with no connection whatsoever to New York often choose its law to govern their transactions, and New York statutes permit them to do so. What most people do not know is that the New York Uniform Commercial Code is outdated.
