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Idaho District Court Imposes First-Ever Bond Order Under the State's Bad Faith Assertions of Patent Infringement Act
August 01, 2024
The Act is intended to guard against patent trolling and creates a private cause of action for those targeted by bad faith infringement assertions and contemplates two types of relief: remedies and a bond requirement.
The Future of the SEC's Climate Change Disclosure Rules If Regulatory Polices Are Reversed
August 01, 2024
Depending on the results of the election in November, there may be major reversals in securities regulation and SEC policies. In particular, the SEC's much discussed and much litigated climate disclosure rules may be abandoned by a Trump SEC.
Ethical Obligations and Risks of Engaging a Temporary Attorney
August 01, 2024
It is not uncommon for practitioners and law firms to employ the services of temporary (or contract) attorneys as the need may arise in contemporary practice. This article discusses the ethical obligations and associated risks that flow from engaging the services of a temporary attorney.
Tips for Complying with ABA and State Rules On Attorney Advertising
August 01, 2024
If legal marketing professionals are looking for the absolutely clear and consistent rules about attorney advertising that every firm can or should follow, know that the search is futile because the states not only modified the rules but called them by other names including codes, guidelines, standards, oaths, principles, pillars or tenets.
Three Questions Regarding Zoning and EV Charging Stations
August 01, 2024
Owners of office and multi-family developments that install new charging stations are likely to see an increase in property values because their buildings will attract or retain EV owners. In order to facilitate and encourage more EV charging stations, municipalities need to update their zoning ordinances to regulate and manage this new land use.
Playing Field Grows for Sports Law Practices
August 01, 2024
More law firms are betting on growing their sports practices amid recent changes in amateur and professional sports, finding it hard to ignore the multi-practice work that teams and leagues can bring to lawyers.
Real Property Law
August 01, 2024
Tenants In Common Failed to Establish Claim of Right Element of Adverse Possession Claim Questions of Fact About Adverse Possession Claim
Big Law In NYC Looking for Smaller, New Class A Spaces
August 01, 2024
Overall this year, law firms have been more likely to leave their current spaces and relocate, but they continue opting for smaller spaces.
Do Post-Bankruptcy Petition Lease Claims Automatically Result In An Administrative Expense Claim for Unpaid Rent?
August 01, 2024
In In re Jughandle Brewing, a NJ Bankruptcy Court concluded allowance of an administrative expense claim is not automatic and also may not be the sole remedy for a debtor or trustee's failure to perform its post-petition obligations under a commercial lease.
SEC Whistleblower Short Sellers
August 01, 2024
The position that short sellers should be denied the benefits of their critically important whistleblowing efforts is short-sighted and contrary to the notions of our capitalistic markets. Moreover, it will serve only to disincentive a vital constituency of the SEC Whistleblower Program, which, in turn, will degrade the effectiveness of the SEC's enforcement program.

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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