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Recent Developments from Around the States
A look at the latest cases from around the states.
National Litigation Hotline
Recent cases of importance to your practice.
Direct Evidence Not Needed in Mixed-Motive Cases
The Supreme Court ended its last term holding that direct evidence of discrimination is not necessary in a Title VII mixed-motive case. <i>Desert Palace, Inc. v. Costa</i>, 123 S. Ct. 2148 (2003) brings an end to an appellate court split regarding evidentiary burdens that began with the Court's plurality decision in <i>Price Waterhouse v. Hopkins</i>, 490 U.S. 228 (1989).
Employee Won't Sign a Non-Compete: Grounds for Dismissal?
A former employee may proceed with whistle-blowing and claims of wrongful discharge against an employer who fired her for refusing to sign a non-compete agreement. On April 16, 2003, the New Jersey Appellate Division (the Court) so ruled in <i>Maw v. Advanced Clinical Communications, Inc. (ACCI)</i>, 359 N.J. Super. 420 (App. Div. 2003).
Managing E-commerce Partnerships
Q: What do you risk getting when you mix commerce with the Internet?<br>A: A host of possible legal issues.<BR>Proper planning, however, will reduce the legal risk associated with e-commerce pacts and make for a less bumpy ride should the partners decide down the road that they want to go their separate ways.
e-Commerce Docket Sheet
Recent developments in e-commerce law and the industry.
E-pharmacies in Europe: When Two Regulatory Worlds Collide
The authorities in the European Union (EU) are steadily increasing the amount of regulation over the Internet and aspects of e-commerce in particular. When the sale of pharmaceutical products occurs on the Internet, therefore, a number of regulatory issues need to be borne in mind, and a recent court case has highlighted a number of these issues.
Developments of Note
Recent developments in e-commerce.
Guard Your E-business Against Tech Pitfalls With Software Escrow
This article is one of a series on using software escrow to protect e-business, a topic that's well discussed in the e-trade business and one that generated a lot of buzz at the recent Computer Law Association conference in Washington, DC.
Five Deadly Sins: Lease Clauses a Landlord Should Refuse to Negotiate Under Any Circumstances
When a landlord or its attorney prepares an initial draft of a lease on the landlord's form, it is expected that the tenant will simply sign the lease (but only if the tenant believes it has no leverage whatsoever), return the lease with handwritten comments, or, if the tenant's comments are extensive and it has taken control of the drafting process, return a black-lined copy of the lease that it has revised.

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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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