Features
Practice Tip: Common-Law Indemnification
This article provides an in-depth discussion of the concept of common-law indemnification, using New York State to illustrate how the law has evolved in that state. Be aware that many states have their own peculiarities that must be identified at the outset of any litigation so that an appropriate strategy can be devised.
Features
Enforcing Post-Marketing Requirements
A recent FDA Warning Letter suggests that the agency will not hesitate, when necessary, to exercise its power to enforce post-marketing requirements (PMRs) for approved drug products.
Features
Understanding Insurance in Retail Leases
A summary of some of the most important and commonly negotiated insurance-related concepts in retail leasing.
Features
Company-Appointed Rep May Commence Chapter 15 Case
As the seventh anniversary of the enactment of Chapter 15 of the Bankruptcy Code draws near, the volume of Chapter 15 cases commenced in U.S. bankruptcy courts on behalf of foreign debtors has increased rapidly. And so has related litigation.
Features
Costs of Cashless Transactions Raise Conflicts Between Franchises, Card Issuers, Banks
For merchants of all types, accepting credit card and debit card payments is almost a requirement of doing business in today's increasingly "cashless" economy. However, as the numbers of these transactions have increased, the costs that merchants must absorb on those payments have become a serious issue.
Features
A Primer on Insurance Coverage for Live Events
Even if a concert venue carries liability insurance to cover the scheduled performance, it is important for the musical group to carry its own liability and property insurance. And because cancellations, postponements, and the inability of the performer to take the stage also often occur due to unforeseen circumstances, those with a financial stake in the live event could also benefit greatly through the purchase of event cancellation and/or non-appearance insurance.
Features
China Opportunities for U.S. Entertainment Industry Still Saddled with Government and 'Copycat' Hurdles
<i>Entertainment Law & Finance</i> Editor-in-Chief Stan Soocher traveled to China over the summer to teach the course 'American Music Goes to Court' at the International College of Beijing. He reports here, in a two-part series, on the state of entertainment industry issues in China, as U.S. companies try to expand their reach there. Part One covers the current state of copyright law in China and discusses TV and film concerns.
Features
In the Marketplace
Highlights of the latest equipment leasing news from around the country.
Features
What's New in the Law
Highlights of the latest equipment leasing cases from around the country.
Features
Getting It Back: Recovering Transfers That Create Insolvency
Over the past few years, several companies have run out of money and been forced to declare bankruptcy within months of completing transactions that depleted their equity value and rendered them insolvent. By understanding the test for determining whether such transactions can be unwound, lenders, recipients and creditors all benefit.
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- The 'Sophisticated Insured' DefenseA 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.Read More ›
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- Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric CodeIn 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.Read More ›
- The New York Uniform Commercial Code Comes of AgeParties in large non-consumer transactions with no connection whatsoever to New York often choose its law to govern their transactions, and New York statutes permit them to do so. What most people do not know is that the New York Uniform Commercial Code is outdated.Read More ›