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A 'Loss' Under the CFAA Does Not Require Interruption of Service
This article focuses on what federal appellate courts agree upon with regard to the text of the CFAA.
Do Your Employment Practices Violate Antitrust Law? They Might!
Did you know that your employment practices could violate antitrust law? This is the message to be gleaned from joint guidance recently issued by the FTC and the DOJ Antitrust Division. The Agencies issued this guidance to remind employers that, like any other market, the job market is subject to antitrust laws.
The Digital Transformation of Equipment Financing<br><b><i><font="-1">Beyond eLeasing and eSignatures</b></i></font>
The ever-increasing popularity of digital electronic signatures (eSignatures) for entering into equipment leasing and financing transactions without the use of paper documents (eLeasing) is compelling lessors, banks and others competing in the market for equipment financing to re-evaluate and transform the structure of their entire operating platforms.
IP News
Federal Circuit Affirms Grant of a Preliminary Injunction Despite PTAB's Final Written Decision<br>Federal Circuit: Proving Derivation Requires a Showing That All Limitations Were Conceived and Communicated
<b><i>Online Extra</b></i><br>Are You Ready for the New China Cybersecurity Law?
<b><i>A Consilio Survey Found 75% of Legal Tech Professionals Are Unfamiliar with the Law, But Multinational Companies Can Still Prepare Before the June Implementation</b></i><p>In December 2016, China passed a comprehensive Cybersecurity Law, expanding the country's data localization requirement once it goes into effect this June and sparking heated debate among Chinese lawmakers. Some experts say even more legislation could be on the way.
Death of DOL Fiduciary Rule May Not Be Imminent
If one follows the recent onslaught of articles and blogs, Donald Trump's election to the presidency has placed a target squarely on the back of a DOL rule that imposes a fiduciary standard on those who provide investment advice in connection with employer retirement plans and IRAs. Yet reports of the rule's demise may be premature.
BIT PARTS
California Federal Court Rules in Favor of YouTube in Lawsuit over Removal of Artist's Music Video<br>Daman Wayans' Anti-SLAPP Motion Is Granted in Racial Harassment Suit by Actor<br>Lanham Act Doesn't Apply to Unauthorized Use of Roger Nichols Song in Political Ad<br>
Beware the W-2 Phishing Scam
In 2016, numerous businesses fell victim to a surge of phishing scams involving W-2 forms. In response, the IRS sent a broad consumer alert regarding these schemes after seeing an approximate 400% surge in phishing and malware attacks during the 2016 season. As the tax filing season ramps up for 2017, we have already seen a number of successful attempts to obtain W-2 forms from unsuspecting employees.
Deferred Compensation and Safe Harbor Plans
Companies are constantly looking for ways to recruit, retain and reward valued employees. The Department of the Treasury issued final regulations addressing deferred compensation and safe harbor planning utilizing §§409A(d)(1), 457(e)11 and 31.3121(v)(2). These regulations set forth how plan sponsors can provide death benefits on a permissibly selective basis.
Business Crimes Hotline
Update on the DOJ's collection of billions in enforcement actions from Volkswagen and Rolls Royce.

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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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