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Insurance Coverage Disputes over Data Breaches Image

Insurance Coverage Disputes over Data Breaches

Ellen Farrell & Kathryn Linsky

Each day, businesses become progressively more dependent on computers and the Internet to gather, store and protect information. But, as sophisticated as this technology may be, it has also proven to be susceptible to breaches, which have time and again resulted in the unauthorized access of confidential information.

Features

Establishing A Web Presence After A Merger Image

Establishing A Web Presence After A Merger

Gina Carriuolo & Jennifer O'Leary Cathell

Merger activities typically disrupt "business as usual" and result in more questions than answers. This was particularly true when the law firms of Edwards Angell Palmer & Dodge LLP and Wildman Harrold Allen & Dixon LLP merged in 2011. Edwards Wildman's marketing efforts, specifically our online and digital Web presence, were quickly devoted to achieving a cohesive "one voice, one brand, one solution" approach, as we set out to redesign our website and digital persona.

Features

<i>Aereo</i>: The Uncertain Limits of What the Supreme Court Decided Image

<i>Aereo</i>: The Uncertain Limits of What the Supreme Court Decided

Mitchell Zimmerman

On June 25, 2014, a 6-3 majority of the U.S. Supreme Court held that Aereo's streaming service ' which allowed customers to view over-the-air TV broadcasts via the Internet ' violated the broadcasters' public performance right under the Copyright Act. Applying what the dissent derided as "an improvised standard ('looks-like-cable-TV')," the majority held that Aereo infringed copyrights owned by the television networks.

Features

Peer-to-Peer Networks Image

Peer-to-Peer Networks

Alex Lassar & Elizabeth Kluger Cooper

Peer-to-peer e-commerce platforms seem to be popping up almost daily, touching nearly every vertical ripe for disruption, or at least providing just a little grease for the wheel.

Features

Redaction: What You Need to Know Image

Redaction: What You Need to Know

Sue Hughes

While the term <i>redaction</i> is well known in the legal community and government agencies, the term itself is new to those not in the fields mentioned above. Because of improper redaction making its way into the headlines, more and more people are seeing the term.

Features

Hulu Privacy Class Action Can Move Forward Image

Hulu Privacy Class Action Can Move Forward

Julia Love

With eye-popping damages at stake, a federal magistrate refused to allow consumer plaintiffs to move forward as a class with claims that Hulu violated their privacy by sharing the videos they viewed.

Features

Protecting Law Firms from Increasing Cyberattacks Image

Protecting Law Firms from Increasing Cyberattacks

Peter F. Vaira

Cyberattacks are increasing at a startling rate in the business community, not only by hackers for personal intellectual skullduggery, but cyberattacks aimed at obtaining sensitive information. Law firms have become major targets of these illegal attacks, which are aimed at discovering and pilfering the entire subject matter of a commercial operation.

Features

Big Data and Regulation Image

Big Data and Regulation

John. H. Walsh

Big data has taken the world by storm. From its origins as a technical solution for Internet search engines and online retail sales, it has spread across business, science and now government. Big data tools have shown extraordinary power to quickly sort and analyze data, both structured and unstructured. Ultimately, the power of big data resides in its ability to identify signals or patterns in vast data sets.

Features

Proposed Class in Hulu Privacy Suit Needs Objective Data Image

Proposed Class in Hulu Privacy Suit Needs Objective Data

Julia Love

With eye-popping damages at stake, a federal magistrate refused to allow consumer plaintiffs to move forward as a class with claims that Hulu violated their privacy by sharing the videos they viewed.

Features

Lawyers or Technicians: Who Make Better e-Discovery Project Managers? Image

Lawyers or Technicians: Who Make Better e-Discovery Project Managers?

Jared Coseglia

The demand for e-discovery project managers is extreme, thus the bulk of career opportunities for e-discovery professionals are in project management. But not every e-discovery project manager has the same background or is even the same type of project manager.

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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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