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Players On the Move
March 01, 2024
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Pennsylvania Court Hit With Cyberattack, But It Had a Plan
March 01, 2024
Law firms have information that hackers want — Social Security numbers, financial data, personally identifiable information and more. It is therefore essential that firms plan for a possible breach. And when the breach occurs, have a plan.
The New Basel Regulations Could Bite CRE
March 01, 2024
If you haven't heard of Basel III, you've got company. International banking regulations aren't typical beach reading. But some people who have been poring through these new banking regulations are not looking happy.
Bankruptcy Court Ruling of Cannabis-Related Claims Not Violation of Controlled Substance Act, California District Court Rules
March 01, 2024
The Central District of California court held that a bankruptcy court's administration of cannabis-related state court claims against a debtor's estate is not a violation of the Controlled Substances Act.
Federal Judge Blasts Patent Trolls
March 01, 2024
A recent order from Chief Judge Colm Connolly in the U.S. District Court for the District of Delaware may serve as a warning for "patent trolls" — the derogatory term used to describe companies whose sole function is to acquire and then assert patents, often in cases that are questionable on the merits — against filing cases in Delaware going forward.
Using the Three Pillars of Marketing Effectively In Today's Digital Marketplace
March 01, 2024
While our three pillars of marketing have also been greatly expanded (and in some ways the lines between them blurred a bit), they remain solid, fundamental elements of good marketing strategy, despite the increasing complexities of the digital marketing ecosystem.
FTC's 'Click to Cancel' Rule Could Cost $2.7 Billion for Businesses
March 01, 2024
The FTC's proposed click to cancel rule amendments would impose a one-time cost of $2.7 billion on businesses and have an annual effect on the national economy of at least $100 million, according to an economic report by the online advertising industry's association.
SEC Keeping Eye On Non-GAAP Financial Disclosures
March 01, 2024
The SEC's Division of Corporation Finance continues to provide comments to issuers about non-GAAP financial measures, and the SEC's Division of Enforcement continues to investigate the accuracy of such non-GAAP metrics and, when necessary, will enforce charges against a company for providing misleading non-GAAP financial measures.
Analysis of Recent Real Estate Sector Bankruptcy Rulings
March 01, 2024
Analysis on distressed real estate cases that present different issues. One involves the debtor's sale of real estate over the objection of the secured lender. The other involves a debtor's attempt to enjoin a construction bond company from continuing to pay claims by subcontractors after the filing of the bankruptcy case.
IP News
March 01, 2024
Federal Circuit: ITC Did Not Err In Finding Violation of Section 337 Federal Circuit: PTAB Did Not Err In Claim Construction and Finding Certain Claims Obvious

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  • 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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