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<i>CYBER-ETHICS:</i> Technological Competence Obligations and the Interplay of the ABA Model Rules and Attorney Cybersecurity
The ABA has long published its Model Rules of Professional Conduct and modifies them from time-to-time to stay current with legal and technological developments and advances. While these Model Rules are not officially binding on attorneys, they have been adopted in large part by nearly every stateand provide a guideline for attorneys across the country regarding standards of professional responsibility and ethical conduct.
Samsung Sued Over Sluggish Response to Smartphone Dangers
Although the cellular world moves fast, Samsung Electronics has taken too much time to address reports that multiple generations of its devices' batteries overheat and pose a danger, according to a plaintiffs' lawyer who filed one of the most recent in a string of lawsuits filed against the Seoul, Korea-based maker of smartphones.
Challenges to the DOJ's Jurisdiction over Extraterritorial Conduct
Last month, the authors observed that the U.S. Supreme Court has in recent years attempted to limit the extraterritorial reach of federal courts, making it harder for them to get personal jurisdiction over foreign defendants The results of these efforts have been less than stellar. However, as the authors point out here, there are some defenses that may still work.
On Happiness Scale, Partners Rank High (No, Really)
For those who think Big Law partners are miserable, lost souls, I've got news for you: They are quite happy, thank you.
In-House Counsel
Internal investigations have always posed vexing issues for in-house counsel. They need to make difficult decisions on matters such as scope and purpose of the investigation, who will conduct the investigation, how costs will be controlled, and the work product that they will generate.
In the Courts
Analysis of a case in which a utility company was convicted for regulatory violations based on corporate collective knowledge .
Recent Developments in the Responsible Corporate Office Doctrine
Until recently, the typical FDCA case has involved an executive who pleaded guilty to one or more misdemeanors in the face of DOJ allegations of felony misconduct. But until the Supreme Court clarifies the bounds of the FDCA, district courts will struggle with identifying the necessary elements of individual criminal liability.
Job Losses At Merging U.K. Law Firms Unfortunate, But Predictable
Continental Breakfast: your daily update on what's happening in Europe.For all of the potential benefits of mergers, they are incredibly expensive…
Paul Hastings Latest Big Firm to Dabble in Data Analytics
While many law firms are contracting with outside companies to use the most up-to-date technology to review data for e-discovery purposes, Paul Hastings has developed a system internally that the firms says goes a step further.
Trump Predicts Roe v. Wade Falls 'Automatically' If He Makes SCOTUS Picks
The final presidential debate Wednesday night left unanswered a raft of questions about the future of the U.S. Supreme Court, including the fate of nominee Merrick Garland, and instead focused on the candidates' well-versed positions on guns and abortion.

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    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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