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IP News
June 01, 2020
Article III Inter Partes Review Decision Precluded By Congress, SCOTUS Rules SDNY: Video Game Makers Not Violating Copyright with NBA Player Tattoos
Effects of COVID-19 Shutdown on Commercial Real Estate
June 01, 2020
Much attention has been paid to the devastating effects of the COVID-19 pandemic on income, unemployment and cash flow for businesses. But new research takes an eye opening look at what the shutdown of many businesses may do to the worth of commercial real estate.
Bit Parts
June 01, 2020
"Wild America" Trademark Is No Protection Against TV Series' Names
Defending FCA Actions Related to Pandemic Programs
May 22, 2020
There will likely be some fraud in connection with the pandemic-related programs that should be pursued by the DOJ and the Inspectors General, who have said they will keep close eyes on these programs. They will have no shortage of targets, given the many recipients of government funds, and the breadth of the requisite certifications.
Regina Metropolitan: What Practitioners Need to Know
May 01, 2020
The Court's primary holding in Regina is that retroactive application of the Part F amendments would violate the Due Process clause of the U.S. Constitution.
Real Property Law
May 01, 2020
Statutory Damages Awarded Against Building Owner Who Whitewashed Artwork Sale Contract Bars Action for Fraudulent Misrepresentation, Concealment, and Inducement Ambiguity In Restrictive Covenant Limits Enforcement Constructive Trust Imposed Based On Alleged Oral Agreement
Development
May 01, 2020
Buffer Zone Included In Rezoned Area for Purposes of Town Law's Supermajority Requirement Short-Term Rentals Do Not Qualify As Single-Family Use
Landlord & Tenant Law
May 01, 2020
Insurance Failure Precludes Exercise of Purchase Option
Eminent Domain
May 01, 2020
Additional Allowance to Condemnee Disallowed
Ask the Right Questions, Get the Right Hire Via Remote Interviewing
May 01, 2020
Techniques and important guidelines that will help an attorney conduct remote interviews that are efficient and help to lead to quality candidates for hire.

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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