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Fresh Filings
November 01, 2021
Notable court filings in entertainment law.
Payment Under Critical Vendor Order Does Not Bar Pursuing a Preference Claim
November 01, 2021
A supplier's receipt of payment under a critical vendor order does not bar the debtor or trustee from pursuing a preference claim to recover amounts paid prepetition to the vendor, according to a recent ruling from the U.S. Bankruptcy Court for the District of Delaware.
Real Property Law
November 01, 2021
Absent Express Language, Restrictive Covenant Does Not Run With the Land Mortgagee Not Entitled to Expungement of Satisfaction Junior Mortgagee Entitled to Rely on Erroneously Recorded Satisfaction of Senior Mortgage Easement Holders Entitled tTo Pave Easement to Improve Access Federal Government Not Liable for Erosion Damages Caused By Alleged Failure to Maintain Jetties Representations and Warranties Survive Closing
Defamation Investigations: A Big Leap in Fighting Back
November 01, 2021
Internet tools are becoming more sophisticated in measuring the impact of online disparaging and defamatory statements, paving the way for affected business owners and celebrities to fight back by filing defamation suits seeking to recover damages for the harm to their reputation and brand value.
Competitive Intelligence: CI in a Vacuum? Keeping Your Sanity Check in a World of Remote Working
November 01, 2021
As we approach the end of the year, office return dates are still uncertain. While we are very capable of functioning efficiently and effectively in our remote competitive intelligence environments, it can be easy to feel isolated, like you're operating in a vacuum.
Five Things Law Firm Leaders Need to Do As People Return to the Office
November 01, 2021
Slowly, ever so slowly, lawyers and staff are making their way back to the office. While we all look forward to returning to normal, the normal we left…
Landlord & Tenant Law
November 01, 2021
Disability Discrimination Claim Dismissed As Moot
21st Century Data Dumps and the 'Brady' Rule
November 01, 2021
What are the document dump rules that apply today? And how does the Brady rule apply to this evolving area of criminal practice? This article will address these issues.
Smoke & Mirrors: The New York Cannabis Law's Illusory Lease Mandate
November 01, 2021
New York's recently enacted cannabis law, the Marijuana Regulation and Taxation of 2021 (MRTA), created a maze of new legal requirements. These provisions affect not only cannabis companies, but also the companies that conduct business with them.
Real Estate Acquisition Volume on Fast Track, But Leases Slower to Rebound
November 01, 2021
Flexibility, creativity, and other tips for commercial leasing as 2021 comes to a close.

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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