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California 'Right to Know Act' Sets Off Alarm Bells Ring for Privacy Experts
July 01, 2022
While state data privacy legislation is picking up across the U.S., a California bill that recently passed the State Senate and has remained largely under the radar, has some privacy experts raising alarm bells.
Increased Bankruptcy M&A Activity Should Provide Attractive Opportunities for Lenders
July 01, 2022
It seems clear that bankruptcy filings inevitably will increase in the near future, because of rising interest rates, pandemic-related micro-economic forces, global strife, and other macro-economic factors and their continuing strain on the global economy and individual businesses. Consequently, strategic buyers and private equity sponsors should find expanding opportunities to purchase distressed businesses out of bankruptcy.
Top Law Firms Look to Invest Profits In Future Success
July 01, 2022
There's no doubt that much of the legal industry's profit gains are simply the result of surging demand. But smart firms were also able to harness booming demand to push through rate increases, owing to clients who were desperate to see their deals go through. There's no doubt that the firms taking advantage of this confluence are in an enviable position. That doesn't mean they are sitting on their laurels.
Long Term Demand Should Shield Commercial Real Estate from Inflation Impact
July 01, 2022
The U.S. economy is "still strong" and will support commercial real estate space demand, though inflation will remain a multi-year headwind, forcing the Fed to tighten monetary policy. And though rising interest rates may restrain CRE transaction activity, it won't be on a broad basis, with effects most visible in the property types and markets with the most aggressive pricing run-up over the last few years.
Companies Need to Focus On Compliance to Protect Against Aggressive Post COVID-19 White-Collar Prosecution
July 01, 2022
Consider another paradox of the post-COVID world: The pandemic that initially disrupted federal prosecution of corporations has now heightened potential exposure in a number of areas. This is especially the case for those organizations that took advantage of government aid or today struggle to navigate snarled global supply chains.
Legal Tech: Can Claiming Incompetence Save You from Spoliation Sanctions?
July 01, 2022
A recent opinion in Illinois raises the question of whether spoliating parties should be encouraged to present the following defense at trial: "Ladies and gentlemen of the jury, yes the main evidence of this case has been destroyed, but it's only because my client and my law firm are completely incompetent when it comes to preserving electronic evidence."
The Interplay Between Vendor Finance Agreements and Bankruptcy
July 01, 2022
While regularly used among lenders, manufacturers, and dealers, treatment of Inventory financing program agreements in bankruptcy is not uniform, and uncertainty exists with respect to how such agreements may be treated in the context of a manufacturer's Chapter 11.
Commercial Assets Feel Pinch of Climbing Interest Rates and Inflation
July 01, 2022
Inflation revs up the acceleration engine and, as a response, the Fed makes the biggest single hike in interest rates in four decades, with the promise of more to come. The changes in monetary policy are causing rising issues for capital markets and financing for commercial real estate.
Current Economic Climate Likely to Cause Law Firms to Offer Flexible and Creative Fee Arrangements
July 01, 2022
The current economic climate will incline lawyers, specifically litigators, to rethink their fee structures. With inflation at a 40-year high, residential and commercial rents rising, and a predicted looming recession, clients are tightening their budgets, but also demanding the same level of service and results from their attorneys.
Enforcement Update: U.S. Courts Demonstrate Reluctance to Extend Application of Chinese Data Security and Privacy Laws In Civil Discovery
June 01, 2022
Two recent Chinese laws — the Data Security Law (DSL) and the Personal Information Protection Law (PIPL) — include provisions aimed at restricting the cross-border transfer of China-based data foreign enforcement and judicial authorities. U.S. courts have not yet addressed whether these data protection and privacy laws could bar the production of documents in civil contexts involving governmental litigants or in criminal proceedings.

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  • 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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