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California Court of Appeal Rules on Formerly Licensed Attorney Who Continued as Talent Manager
April 01, 2021
Conflict of interest is a red-flag concern when an attorney becomes a talent manager. But what happens when a formerly licensed attorney continues to provide management services for talent?
The Legal Industry Pivoted Quickly in the Wake of COVID-19, and Recent Surveys Suggest There's No Turning Back
April 01, 2021
This article discusses the key lessons that can be taken from a series of recent surveys that seek to understand the long-term impacts of COVID-19 on the industry from the perspective of legal executives and frontline lawyers in U.S. firms and corporate law departments.
Is Your Firm Prepared for the 'Silver Tsunami'?
April 01, 2021
A Silver Tsunami of aging partners is threatening the legal profession. There's a way to higher ground.
Foreclosure Statute of Limitations
April 01, 2021
In a set of foreclosure cases decided in late February, the Court of Appeals resolved some of the questions that have plagued New York's court system in the aftermath of last decade's mortgage crisis.
No Delay for Weinstein Victims Trust Plan
April 01, 2021
A U.S. District Court Judge for the District of Delaware judge ruled not to grant a motion that would have stayed a liquidation plan setting aside $17 million to settle with those who have claimed sexual misconduct by former film industry executive Harvey Weinstein.
Why Law Firms Need to Know About the 'Excess Share of Voice' Rule
April 01, 2021
Every time a brand is mentioned in the media, authors an article, posts on social media or runs a series of ads, a conversation is happening. The conversation is amplified when the audience engages by sharing the article, commenting on the social media post or clicking on the ads. All of this activity results in a certain share of voice.
Just Say No: Discovery In Chapter 15 Bankruptcies Is Asymmetrical
April 01, 2021
Chapter 15 specifically allows foreign representatives to conduct discovery in the U.S., but be wary of other entities that seek to distract and/or delay the Foreign Representative from the asset search.
10 Tips for Navigating the Commercial Tenant Bankruptcy Process
April 01, 2021
Retail, entertainment and hospitality have been hit particularly hard by government-mandated COVID-19 shutdowns. For many, the road ahead will end in, or lead through, bankruptcy. Bankruptcy law has a language of its own, making it challenging to navigate the process for everyone involved, including for the landlords of bankrupt businesses worried about missing rent payments.
Federal Public Corruption Prosecutions
April 01, 2021
This article describes pending federal prosecutions, which level corruption charges against high-level officials, considers how the theories of prosecution in these cases might be viewed in light of court decisions in other public corruption cases, and concludes with some observations about the outer limits of federal public corruption prosecutions.
Say What? Are PTAB Judges Really 'Inferior Officers'?
April 01, 2021
United States v. Arthrex, Inc. Proving that even the driest of constitutional issues can have significant practical effect, the U.S. Supreme Court recently heard argument in United States v. Arthrex. Before the Court was whether administrative judges of the PTAB have been appointed unconstitutionally.

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    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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