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Midlevel Associates Frustrated By Firms' Lack of Tech-Savviness
October 01, 2024
In this year's Midlevel Associate Tech Survey, a number of associates at top firms once again said they were frustrated by their firms' lack of tech savviness and willingness to upgrade equipment. This echoes complaints from last year, and it should be noted that the survey regularly elicits similar criticisms about some of the world's richest law firms' technology.
Is SEO Dead? How AI Is Changing Search
October 01, 2024
How search is changing because of advanced AI systems, the complex algorithms that power them, the key SEO practices that still matter, and what these changes mean for B2B content marketing.
Navigating the SEC's Marketing Rule: Compliance Challenges and Legal Insights
October 01, 2024
The Securities and Exchange Commission (SEC) has underscored the critical importance of Marketing Rule compliance through a series of recent enforcement actions and risk alerts. This article delves into the challenges that investment advisers must navigate when marketing their services. It also explores how legal counsel and compliance consultants can effectively support their clients in adhering to both the explicit requirements and nuanced aspects of the Marketing Rule.
Ex Parte Trademark Appeals to District Court — Lessons Learned from the Front Lines
October 01, 2024
Although pursuit of an appeal to the Federal Circuit may under some circumstances prove to be quicker and less expensive, appeals to district courts are becoming increasingly attractive given recent changes in the law and USPTO practice in defending these actions.
Unlocking Your Lawyers' Rainmaking Potential: A Coaching Guide 
October 01, 2024
This article explores the complexities of coaching lawyers in business development, offering insights and strategies to unlock their full rainmaking potential.
Examining the Extraterritoriality of the DTSA
October 01, 2024
Can a company's trade secrets misused abroad give recourse on the extraterritoriality of the Defend Trade Secrets Act? Yes, said the 7th Circuit in an important new case in which a claim under the DTSA was asserted.
A Tutorial On Contract Liability for Real Estate Purchasers: 'Huguenot LLC v. Megalith Capital Group Fund I, L.P.'
October 01, 2024
In ultimately rejecting the plaintiff's claim that the apartment buyers could be responsible for the condominium developer's breach of a contract recorded as part of the condominium's declaration, the court illustrated some important points about how contracts can run with the land, or otherwise impose liability on real estate buyers.
Credible Fraudulent Transfer Advocacy
October 01, 2024
Appellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.
Truth-in-Music-Advertising Law Provides No Private Right of Action to Music Groups
October 01, 2024
As for the Truth-in-Music-Advertising law in this case of first impression, band-name rights holders will have to wait for state counsel to act in order to seek remedies provided by the statute.
Navigating the SEC's Marketing Rule
October 01, 2024
The Securities and Exchange Commission (SEC) has underscored the critical importance of Marketing Rule compliance through a series of recent enforcement actions and risk alerts. This article delves into the challenges that investment advisers must navigate when marketing their services. It also explores how legal counsel and compliance consultants can effectively support their clients in adhering to both the explicit requirements and nuanced aspects of the Marketing Rule.

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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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