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Time Well Spent: Make Meetings Valuable
September 01, 2022
"Ugh, not another meeting!" Do you hear this from your colleagues and direct reports? If so, you should turn your meetings from a waste of time to a value-added use of time. We know meetings are important. They increase collaboration, set accountability, and create a shared sense of purpose and progress — all important elements of a happy, successful workplace.
When to Raise Equity Capital In a Fund Structure
September 01, 2022
Gravitating to a fund structure is also no easy task and as with any investment program, the first one is always the most difficult. However, the benefits far outweigh the costs for any experienced real estate investment firm. The primary concern with a fund structure is who will sell the equity in the fund.
The Duty and Benefits of Technology Competence
September 01, 2022
We all have experienced technology's dramatic effect on bankruptcy practice, particularly in the electronic filing of documents and in the electronic communication and sharing of information among parties.
IP Rights In the Metaverse
September 01, 2022
The metaverse, an immersive virtual experience building on the Internet and the physical world, has become a prominent force in branding and marketing for companies struggling to keep up in an ever so globalized economy. Parallel to this digital expansion has been a surge of intellectual property issues.
Midlevel Survey Shows What Law Firms Are Getting Right — and Wrong
September 01, 2022
Midlevel associates aren't less willing than their predecessors to do the brain-bending amount of work. It's that after two years of billing massive hours through an isolating global pandemic, they're completely disloyal to the status quo. They kept firms going, they made partners rich, and now they plan to reshape the profession in their image.
Filing a Reissue Can Correct Serious Patent Errors
September 01, 2022
Reissue applications may be quite useful. They may be useful in correcting some type of errors that one would normally think of as "errors" in the strict sense of the word. But they may also be used to correct "errors" in scope of patent protection and may thus be used to increase patent value and should thus be considered as a strategic tool in a patent holder's toolbox.
Fresh Filings
September 01, 2022
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Landlord & Tenant Law
September 01, 2022
Double Rent Holdover Provision Enforceable; Late Fee Unenforceable As a Penalty Extrinisic Evidence Inadmissible to Vary Terms of Lease Agreement Court Upholds Holdover and Prejudgment Interest Provisions Unsigned Lease Agreement Not Binding
Second Circuit Ruling Offers Ways to Mitigate FCPA Risk Through Corporate Structure
September 01, 2022
Despite the FCPA's breadth and its aggressive enforcement, it has largely escaped judicial scrutiny. Individuals and companies are reluctant to test the bounds of the law and risk federal prison or crippling penalties. But one man has refused to fall in line and has almost single-handedly shaped recent FCPA jurisprudence.
Will Other States Follow NY's Lead on Requiring Cybersecurity CLE?
September 01, 2022
New York has become the first state to add a requirement mandating that lawyers take legal education courses in cybersecurity, privacy and data protection. As cyberthreats will likely continue to both grow and evolve in sophistication, attorneys expect this requirement to be only a first step, with more states likely to soon follow.

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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  • Cutting Off the Stream: How United States v. Silver Affects "Stream of Benefits" or "Retainer" Bribery
    Although the court stressed that, by vacating certain of former NY State Assembly Speaker Sheldon Silver's counts of conviction, it was clarifying and not altering the "as opportunities arise" theory, it nevertheless emphasized that this theory requires particularity with respect to the "question or matter" that is the subject of the bribe payor and recipient's corrupt agreement.
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