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Second Circuit Clarifies Video Privacy Protection Act
December 01, 2024
The Second Circuit’s decision is notable in that it signals a reversal of the recent trend of dismissals of VPPA claims in courts across the country and could trigger a significant increase in VPPA lawsuits. Although organizations have grappled with VPPA claims for several years, this decision is another red flag to organizations to take immediate steps and ensure compliance with privacy laws to mitigate the risks of VPPA claims.
Secondary Liability for Copyright Infringement At the Supreme Court
December 01, 2024
In February 2024, the Fourth Circuit addressed a jury’s 2020 damages award of $1 billion finding Cox secondarily liable for its subscribers’ copyright infringement through illegal copying of copyrighted songs. Both Cox and Sony filed petitions for certiorari.
Trends In Outsourcing: How Suppliers Are Meeting Demands In a Challenging Talent Market
December 01, 2024
In an era where skilled professionals are in high demand and hard to find, companies across industries are increasingly turning to outsourcing partners to fill critical roles. The outsourcing landscape has evolved significantly, shifting from a cost-saving measure to a strategic partnership that helps organizations meet their talent acquisition goals.
Beyond Bordeaux’s Bankruptcy: A Lesson In Adapting to the Evolving Sports Media Landscape
December 01, 2024
Word that the historic French franchise Girondins de Bordeaux filed for bankruptcy recently rocked European football. But one force in particular poses an even broader threat to the sustainability of the elite level of French soccer than relegation: media rights.
Combatting Patent Trolls
December 01, 2024
A subject of extensive debate within the U.S. patent system has been the classification of “patent trolls” — most widely defined as individuals or companies that acquire patents solely for the purpose of assertion, often in cases without any merit, but which leverage the high cost of patent litigation defense to force small settlements.
4 Steps to Safeguard Against Individual Liability for Data Security Failures
December 01, 2024
With cyberattacks on the rise and class actions arising from cyberattacks being filed at an increased rate, executives and board members increasingly face the risk of being individually targeted in lawsuits brought by class action plaintiffs and governmental bodies alleging individual liability for data security failures.
The Top 7 Marketing Trends Legal Marketers Need to Watch In 2025
December 01, 2024
As we move into 2025, legal marketers face a rapidly evolving landscape where technology, data, and client expectations intersect — and it’s just the right time of year for making lists! Here are the top 7 trends we are seeing as shaping the future of legal marketing in the coming year.
No Guarantee NY's Guaranty Law Survives Constitutional Scrutiny
December 01, 2024
After nearly four years of litigation, the Second Circuit held recently that a small commercial landlord lacked standing to seek declaratory relief against the City of New York challenging the Guaranty Law under the Contracts Clause of the U.S. Constitution.
Bordeaux's Bankruptcy: A Lesson In Adapting to the Evolving Sports Media Landscape
December 01, 2024
Word that the historic French franchise Girondins de Bordeaux filed for bankruptcy recently rocked European football. Various factors led to the team's downfall. But one force in particular poses an even broader threat to the sustainability of the elite level of French soccer: media rights.
High Court May Limit the Reach of the Wire Fraud Statute
December 01, 2024
On Dec. 9, 2024, the Supreme Court will hear argument in Kousisis v. United States, a case that will again review the reach of the federal mail and wire fraud statutes. At issue this time is the so-called “fraudulent inducement” theory of property fraud — namely, whether deception to induce a commercial exchange can constitute mail or wire fraud, even if the infliction of economic harm on the alleged victim was not the object of the scheme.

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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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