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The FTC and DOJ's New Guidelines Promise Sharper Scrutiny of Mergers
March 01, 2024
From loosened structural presumptions to unconventional theories of harm such as "ecosystem competition" to consideration of a merger's effects on outside markets, we review some of the most noteworthy changes in the new Guidelines.
Nugent Photo Copyright Dispute Offers Appellate Look at Post-Warhol Fair-Use Analysis
March 01, 2024
The Fourth Circuit ruled that a copyright infringement claim against a news site, for using a photo of musician Ted Nugent without credit, could proceed, one of the first federal appellate decisions interpreting the U.S. Supreme Court's most recent iteration of the fair use test.
Beyond Language: How Multimodal AI Sees the Bigger Picture
March 01, 2024
The possibilities for patenting innovative applications of multimodal models across industries are endless.
Deep Fake of CFO on Videocall Used to Defraud Company of $25M
March 01, 2024
Hackers are using AI to sift large digital data to identify more convincing approaches for their scams as well as weaknesses in weaknesses in software coding or network security.
AI, the Billable Hour and Improving Client Service
March 01, 2024
The ultimate guardian of the quality of client service is the partners' own judgement but properly utilizing AI can set expectations that will benefit the clients and the firm and end forever the "End of the Billable Hour" stories.
Landmines In Bankruptcy Appellate Practice, Part III
March 01, 2024
When courts have made important exceptions in the past year, they have either added a gloss on the Judicial Code, corrected lawyers' errors, filled in statutory gaps, or clarified the relevant statutory language.
Exploring Debt Restructuring Options for CRE Owners
March 01, 2024
In the dynamic landscape of real estate, commercial real estate owners often find themselves facing financial challenges that necessitate a strategic approach to debt management. In such cases, exploring debt restructuring options becomes a crucial consideration.
Guarantor Liability for Post-Window-Period Rent
March 01, 2024
In a case of first impression, the Appellate Division, First Department recently addressed a split in the decisions of the lower courts as to the scope of the New York City Guaranty Law.
Counsel Concerns
March 01, 2024
Malpractice Claims Filed Against Loeb & Loeb and Of Counsel Over King Fury 2 Film Production King, Holmes, Paterno & Soriano Sued for Malpractice Over Representation of Sublime Band
Supreme Court Set to Decide On Competing Interpretations of Federal Corruption Statute
March 01, 2024
In this article, we describe the competing interpretations of Section 666 and comment on the implications of a Supreme Court decision in United States v. Snyder, where it will decide whether the law criminalizes "gratuities," and not simply "bribes," given to state and local officials.

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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  • Cutting Off the Stream: How United States v. Silver Affects "Stream of Benefits" or "Retainer" Bribery
    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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