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Selective Reassessment of Only Commercial Properties Violates the Uniformity Clause
October 01, 2021
The Commonwealth Court of Pennsylvania recently analyzed whether the City of Philadelphia's selective reassessment in tax year 2018 of only commercial properties at current market value violated the Uniformity Clause and the Assessment Law's requirement that the City assess all properties annually at actual market value.
Leading Through Disruption
October 01, 2021
Some tried and true leadership practices for firms and partners who are focused on retaining and developing top talent in the current context.
Real Property Law
October 01, 2021
Restrictive Covenant Enforceable Despite Permission By Successor Landowner Insufficient Evidence of Street Dedication Inadequate Notice to Mortgagee Voids Tax Sale Court Reinstates Malpractice Claim Against Lawyer Alleged to Have Solicited Transfer of Title of Residence In Foreclosure Notice of Pendency Provides Constructive Notice Servient Owner Not Entitled to Alter Easement Location Adverse Possession Defeats Co-Tenants' Partition Action
11th Circuit Rules On Who Controls Copyright Case
October 01, 2021
The U.S. Court of Appeals for the Eleventh Circuit affirmed a lower court ruling that its judges said could have come straight out of a telenovela, or Spanish soap opera.
Competing by Connecting: In an Increasingly Crowded Market, Litigation Teams Must Leverage Centralized Technologies to Rise Above Their Rivals
October 01, 2021
Regardless of where each law firm currently stands in its innovation journey, it is crystal clear that the need to speed up the modernization of their technology solutions that facilitate connectivity, automation and workflow between their staff is real and immediate.
Mobile Devices Can Provide Lucrative Back Door Into Businesses for Cyber Thieves
October 01, 2021
We live with the reality that the once ordinary communication tool is now a potent device that needs to be used responsibly on the basis that there is a cybercriminal fraternity hell-bent on accessing said devices for ill-gotten gain.
Impact of Disney's Motion to Compel Arbitration In Scarlett Johansson's Lawsuit Over 'Day-and-Date' Release of 'Black Widow'
October 01, 2021
Johansson alleges that, in order to generate new subscribers for Disney+, Disney intentionally interfered with her talent agreement with Disney affiliate Marvel Studios for her featured role in Black Widow — and thus allegedly induced Marvel to breach a promise in the Johansson/Marvel agreement for the film to be initially distributed in exclusive "wide theatrical release." Updated Oct. 1 to reflect a confidential settlement reached in the case.
Legal Marketing Q&A — Part One
October 01, 2021
Part one of a two-part Q&A with David McCann, J.D., senior director of communications at Snell & Wilmer, in which we cover a range of key topics relevant to legal marketing professionals.
Counsel Concerns: Retiring Disney GC Reportedly 'Upset' Over Handling of ABC Sex Allegations Probe
October 01, 2021
When a company is confronted with a potential scandal and considering whether to launch an investigation, general counsel tend to be involved in that decision — and for good reason. But what happens when the legal chief gets leapfrogged?
NY Appellate Courts Defer to Board of Standards In Zoning Cases
October 01, 2021
A recent case in New York's First Department highlights the extreme deference appellate courts accord Board of Standards and Appeals (BSA) determinations interpreting the extraordinarily complex zoning scheme.

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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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    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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