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Applying Merger By Deed Doctrine to Real Estate Transactions
September 01, 2024
Since a deed is a subsequent writing between the parties, there is some logic to the terms of the deed taking precedence over the terms of the prior contract of sale, at least as to the subject matter of the deed.
From Pixel Stuffing to Bots: Avoiding Ad Fraud In Class Notice
September 01, 2024
Class action notice programs in the settlement context are not immune from fraud. Class counsel has a fiduciary duty to protect the best interests of the class, therefore protecting notice programs and the effectiveness of a digital advertising campaign is critical.
The Benefits of Blockchain for e-Discovery and Data Preservation
September 01, 2024
As businesses across various industries increasingly adopt blockchain, it will become a critical source of discoverable electronically stored information. The potential benefits of blockchain for e-discovery and data preservation are substantial, making it an area of growing interest and importance.
5 Ways Small and Midsize Law Firms Can Improve Realization Rates
September 01, 2024
Smaller law firms can significantly increase their chances of competing with large "Goliaths" by bringing an industry focus, maximizing their digital footprint, building processes and systems around the pitch/proposal process, looking backwards for strengths, and engaging in social media.
The 4th Amendment and ESI
September 01, 2024
Courts continue to grapple with the specificity of description required by these warrants for electronically stored evidence so as not to undermine the particularity required by the Fourth Amendment.
Supreme Court Puts End to Prudential Barriers In Chapter 11 Appeals
September 01, 2024
The Supreme Court's holding ensures that insurers who have long been silenced in Chapter 11 proceedings will now be heard. It is also a shot across the bow for two other judge-made, atextual doctrines that bar consideration of the merits in Chapter 11 appeals.
Eminent Domain Law
September 01, 2024
Public Purpose Finding Upheld
Identifying and Articulating Your Differentiator
September 01, 2024
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions While humility is incredibly important in business and law, it is equally important to identify and articulate what you do well — really well — in your practice. Those who can ascertain, embrace and communicate their differentiator(s) will be well-positioned for steady practice and client growth.
Approving Attorney Opinion Letters In Lieu of Title Insurance Is Trending, But Use With Caution
September 01, 2024
Despite being more affordable than title insurance, attorney opinion letters should be used with caution when replacing title insurance. The costs savings associated with this practice might not justify the additional risk associated with it.
Eighth Circuit Expands Its Copyright Law Jurisprudence
September 01, 2024
The Eighth Circuit expanded its jurisprudence on copyright law twice in recent months. Addressing questions ranging from copyrightability to fair use, and arising from separate disputes involving a car dealership's customer intake form and a popular meme, these two opinions round out a body of just seven decisions on copyright law released by this appellate court in the past five years.

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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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