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Restrictive Covenants and Whistleblowing
<b><i>Warning from the SEC</b></i><p>In two recent orders, the U.S. Securities and Exchange Commission (SEC) signaled that it is paying particular attention to attempts by companies to prevent former employees from whistleblowing through restrictive covenants contained in severance agreements.
Increase of IP Cyberthefts on the Horizon, and Many Unprepared
Though cybertheft of intellectual property is predicted to dramatically increase over the next 12 months, a significant portion of companies has yet to fully secure their IP assets, according to a survey released by Deloitte Cyber Risk Services.
IP News
Fed. Cir.: Patent Application Provided Sufficient Written Description to Provide Priority Date<br>Fed Cir: Patent Trial Appeals Board's Decision on Assignor Estoppel is Not Reviewable<br>Fed. Cir.: Automatic Method for Lip Synchronization and Facial Expressions of Animated Characters is Patentable Subject Matter
Photo Agency's Suit Against <i>Oh No They Didn't!</i> At Ninth Circuit
A photo agency that sued the owner of online tabloid Oh No They Didn't! for copyright infringement is hoping to reverse a ruling that threw out its case, prompting Pinterest and others to weigh in and argue that reviving the case could erode legal protections afforded to Internet service providers.
Plaintiffs Lawyers May Struggle to Cash In on Pay Equity Suits
Gender pay equity claims are poised to be the next big thing as new legislation sweeps the country, but lawyers in the practice say the legal difficulties and costly nature of the class-action cases may limit their use.
Professional Services Firms Increasingly a Target of Pay Equity Suits
As toughened pay equity legislation makes its way across the country and more women speak out about pay inequity, a growing number of lawsuits are starting to creep into the professional services realm. But they come with significant challenges.
A Big Law 'Ethical Hacker' on Preventing Cyberattacks
Seyfarth Shaw partner Richard Lutkus says he helps clients by thinking like a hacker.
Challenging Market Conditions Sees Profit Margins Fall At U.K.'s Largest Law Firms
Continental Breakfast: your daily update on what's happening in Europe.A combination of growing pressure from clients on fees, increasing associate…
Scientists Create Artificial Intelligence Software That Can Predict Trial Results
Artificial intelligence has become one of the hottest trends in Big Law, with a number of major U.S. and international law firms starting to use machine…
Tweeting Ted Boutrous and Followers Vow to Fend Off Trump for Free
The Twitter accounts of lawyers are usually lonely, desolate places ignored by many and visited by a nerdy few, but Ted Boutrous just broke away from that pack.

MOST POPULAR STORIES

  • 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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