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Features

Post-Petition Rent Obligations On ‘Residential’ Versus ‘Nonresidential’ Property Image

Post-Petition Rent Obligations On ‘Residential’ Versus ‘Nonresidential’ Property

Francis J. Lawall & Nikki Donofrio

The lifeblood of any debtor operating in Chapter 11 is access to cash to maintain ongoing operations. This is particularly important in cases involving assisted living and skilled nursing facilities given the health, safety, and welfare concerns with respect to their residents. One of the most significant calls on cash involves post-petition rent obligations due on leased facilities.

Features

Florida’s Digital Bill of Rights Joins the Regulatory Framework Image

Florida’s Digital Bill of Rights Joins the Regulatory Framework

Cathy Mulrow-Peattie & J. Michael Paulino

The proliferation of data breaches and increased sophistication of criminal attack vectors has led more states to enact their own reasonable security provisions as part of the patchwork quilt of privacy laws. Nineteen of the U.S. states which have enacted comprehensive privacy laws along with Florida’s Digital Bill of Rights (which took effect summer 2024) have provisions requiring controllers and businesses to establish, implement and maintain reasonable administrative, technical and physical data security practices to protect the confidentiality, integrity and accessibility of personal data.

Columns & Departments

Players On the Move Image

Players On the Move

Entertainment Law & Finance Staff

A look at moves among attorneys, law firms, companies and other players in entertainment law.

Columns & Departments

IP News Image

IP News

Jeff Ginsberg & Alexander Ivanovic

Federal Circuit: District Courts May Impose Deterrence Sanctions Even After They Had Already Awarded Attorney Fees and Costs Under 35 U.S.C. §285Federal Circuit: To Properly Claim A Negative Limitation, There Must Be SupportFederal Circuit: The Mere Beginning of a Step In a Claimed System Does Not Satisfy the Limitation

Features

What’s In Store for Commercial Real Estate In 2025? Image

What’s In Store for Commercial Real Estate In 2025?

Erik Sherman

With the start of 2025, the pressure’s on for definitive takes on where commercial real estate is going, how long it will take to get there, and who the winners and losers are.

Features

Instant Payment Platforms Bring Compliance Challenges Image

Instant Payment Platforms Bring Compliance Challenges

Andres (Andy) Fernandez & Gabriel Caballero Jr. & Kristen Jimenez

it has become clear that there is a growing and more pronounced regulatory scrutiny of instant payment systems. As the financial system continues to innovate and improve efficiency, financial institutions are encouraged to adopt a risk-based approach and periodically update their sanctions compliance controls and related technology solutions to ensure that they remain commensurate with the sanctions risks presented by instant payment systems.

Features

Avoiding Cringeworthy Business Development Image

Avoiding Cringeworthy Business Development

Stacy West Clark

This article talks about not shooting yourself in the foot when you are trying to develop more business — whether from current clients, referral sources or even potential clients.

Features

Navigating AI Risks: Best Practices for Compliance Image

Navigating AI Risks: Best Practices for Compliance

Henry Umney

The most forward-thinking companies embrace AI with complete confidence because they have created governance programs that serve as guardrails for this incredible new technology. Effective governance ensures AI consistently aligns with an organization’s best interests, safeguarding against potential risks while unlocking its full potential.

Features

The 5 Most Influential Patent Law Cases of 2024 Image

The 5 Most Influential Patent Law Cases of 2024

Monica Arnold & Michelle Armond

We’re counting down to the new year with a recap of the five most influential patent decisions from 2024. Spanning damages, design patents, infringement loopholes, issue preclusion, and prior art disqualification, the U.S. Court of Appeals for the Federal Circuit had an active year issuing cases with a direct impact on innovation.

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

New York Real Estate Law Reporter Staff

Commercial Tenant Not In Default

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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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