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Disruption, Opportunity and Outsourcing In a Post-COVID World
November 01, 2021
Law firms are at a crossroads triggered by the transformational impact of the pandemic, and wondering whether the mandate for change will continue or shrink back to pre-2020 operations. For most firms, the answer is to continue on the road for change, including reengineering the delivery of legal services.
Litigation Over Skater Girl Film Transferred to CA
November 01, 2021
When Atlanta filmmaker-turned-plaintiff Raymond Pirtle Jr. filed a copyright infringement suit against CA-based Netflix in the U.S. District Court for the Northern District of Georgia, he pitted him against seasoned attorneys, representing a corporate giant in a case that has both sides claiming early incremental victories.
Appellate Court Holds FCC Penalty Claim Survives Chapter 11 Corporate Debtor's Discharge
November 01, 2021
A Chapter 11 corporate debtor's monetary penalty obligation owed to the FCC, resulting from "fraud on consumers," survived the debtor's reorganization plan discharge, even when the FCC "was not a victim of the fraud," the U.S. District Court for the Southern District of New York recently held.
Trademarks Making Advertising Claims Create Sticky Situations
November 01, 2021
The SharkNinja case as well as other well-established precedents serve as powerful reminders to advertisers of certain best-practices in choosing their trademarks or evaluating whether to challenge their competitors' trademarks.
Creative vs. Corporate: Patent Infringement Awards Respawn the Debate over Patenting Video Games
November 01, 2021
Patents can provide the broadest and strongest form of protection in the video game field. They can protect the methods and processes performed by the game software, and they can protect the hardware components of the game system, both in function and aesthetic design.
Leading the Return to the Office
November 01, 2021
Many firms are shifting to a hybrid work model, where lawyers and staff will divide their time between in-office and outside-the-office work, making management and leadership tasks more challenging.
Ransomware Insurance: Understanding the Developing Legal & Regulatory Landscape
November 01, 2021
In light of the ever-growing ransomware threat, it is important to understand the developing legal and regulatory landscape in order to take the proper steps at the first sign of an attack, including getting the insurance company involved immediately.
Biden's Economic Road Map Includes Benefits for Government Contractors
November 01, 2021
The Biden Administration and the Democratic controlled Congress is rolling out a robust spending plan that will provide benefits and burdens for the defense and government contract community. This article provides a road map that will assist in providing permissibly selective benefits for the qualifying government contractors and employees.
Disclosure of Investigations: Whether and When for Public Companies
November 01, 2021
You should be thinking about disclosure long before you even hear from a whistleblower, specifically, in terms of setting up policies and procedures governing how to handle the information flow from the investigative side of the house to the disclosure side.
COVID-19 and Lease Negotiations: Tenant Security
November 01, 2021
The pandemic has highlighted vulnerabilities in two of the most popular forms of tenant security — guaranties and cash security deposits. This article examines the impact of the pandemic on each of those types of security and offers some suggestions for landlords going forward.

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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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