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Rise or Demise of Take-Home Asbestos Exposure Claims?
May 02, 2015
The introduction of secondary or "take-home" exposure claims has extended asbestos litigation to a new generation of potential plaintiffs and has premises and manufacturing defendants reeling over the concept that duty of care may now extend to unknown persons who have never stepped foot on a worksite or used an asbestos-containing product.
In Pennsylvania: Product-Liability Law Post-<i>Tincher</i>
May 02, 2015
In announcing its long-awaited decision in <I>Tincher v. Omega Flex</I>, 2014, the PA state supreme court ruled that Pennsylvania's 40-year-old case law should be reformulated. Unfortunately, the court's effort may not have succeeded in bringing clarity and a universally workable definition of product defect to the state.
Are You Paying Your Employees By Commission?
May 02, 2015
Many retail and service employers try to simplify their payroll obligations by labeling certain employees as "commission" or "commission only." While federal law permits this practice in some circumstances, the rules are complicated and present many traps for the unwary. The bottom line is simple: Employers should approach this practice with caution and must be prepared to substantiate the applicability of the exemption to each employee.
The New York UCC Comes of Age: Redux
May 02, 2015
An update on efforts to bring the New York Uniform Commercial Code (UCC) into the 21st century.
Disputes over Insurance Coverage for Alleged TCPA Violations
May 02, 2015
During the past several years, there has been an increase in the number of lawsuits that allege violations of the Telephone Consumer Protection Act ("TCPA"), and a corresponding increase in the number of coverage disputes over TCPA liabilities.
Copyright Preemption Defeats Wrestler's State Claims over ESPN Re-Telecasts
May 02, 2015
The U.S. Court of Appeals for the Eighth Circuit affirmed that former Universal Wrestling Federation wrestler Steve "Wild Thing" Ray's state law claims, over ESPN's re-telecast of his 1990s matches, were preempted by federal copyright law.
How Do You Know When Your Loss Ensues?
May 02, 2015
An ensuing loss provision is an exception to an exclusion in a first-party property policy that applies where the damage caused by an excluded peril operates as a link in the "chain of events" that enables a covered peril to damage other property. This article provides an overall review of ensuing loss provisions and their application by courts across the United States.
Content Marketing
May 02, 2015
Last month, noted that 80% of law firm CMOs believe content marketing is an important marketing and business development strategy, and 84% expect to increase the amount of content they are producing over the prior year. With that in mind, we discussed the first four and a half of seven best practices. We conclude this discussion herein with a continuation of Point 5, Repurposing Content.
Anchoring the Firm Culture in Solid Rock
May 02, 2015
Why do formerly great law firms fail and go under? The author feels that they lost the anchor to their core values, and then started drifting into issues and concerns that eventually destroyed them from within. This article explains what can be done to keep the anchor holding.
<i>Media and Communications:</i> Media Relations:Your Brand's Best Friend
May 02, 2015
Standing out in a competitive marketplace in a way that resonates with prospective clients and colleagues requires that law firms communicate honestly and distinctly, showcasing the qualities that make them different. This difference can be summed up as a firm's brand ' and studies show it is a crucial factor in being hired.

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