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IP News

Jeff Ginsberg & J. Jay Cho

Federal Circuit Examines the Analogous Art Test Federal Circuit Affirms PTAB's Finding of Prior Invention

Columns & Departments

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Development

NYRE Staff

When Zoning Amendment Adds Permitted Uses In Zoning District, Landowners Subject to the Ordinance Have Standing to Challenge the Amendment

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

NYRE Staff

Unit Owner's BCL 501(c) Claim Dismissed

Columns & Departments

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Landlord & Tenant Law

NYRE Staff

Local Law Prohibiting No-Cause Evictions Pre-Empted By State Law Contractual Indemnification Unenforceable Indemnification Clause Enforced Good Faith Efforts to Cure Extend Cure Period for Yellowstone Injunction

Columns & Departments

Real Property Law Image

Real Property Law

NYRE Staff

Recorded Mortgage Does Not Remove Title Insurance Claim From Policy Exclusion When Underlying Deed Was Not Recorded No Easement By Necessity for Parking Lawn Mowing and Driveway Plowing Suffice to Establish Adverse Possession

Features

IP Experts Discuss AI Art Copyright Litigation Image

IP Experts Discuss AI Art Copyright Litigation

Isha Marathe

IP experts weigh in on a case involving AI-created images based on an original work. The outcome of the case may have a significant impact on AI development and generative art.

Features

No Bad Faith Found In Tidal Streaming Service Investment Image

No Bad Faith Found In Tidal Streaming Service Investment

Ellen Bardash

Block Inc.'s board may have made a bad deal when it acquired music-streaming company Tidal, but that's its right without evidence of bad faith.

Features

Third Circuit: Pre-Bankruptcy Commercial Lease Termination Not Fraudulent Transfer Image

Third Circuit: Pre-Bankruptcy Commercial Lease Termination Not Fraudulent Transfer

Michael L. Cook

Is an insolvent debtor's pre-bankruptcy termination of a commercial lease a fraudulent transfer? The circuit courts seem to be split, however a close reading of cases in the Third and Seventh Circuits shows that the reasoning of both courts can be reconciled on their facts.

Features

ITC General Exclusion Orders Targeting All Importers Are On the Rise Image

ITC General Exclusion Orders Targeting All Importers Are On the Rise

Daniel Muino, Brian Busey & Nomin-Erdene Jagdagdorj

In recent years, the ITC has issued more General Exclusion Orders (GEOs) than in the past. For importers of products potentially implicated by a requested GEO, the GEO can be a major threat even if the importer is not a respondent in the case.

Features

Lease Terminations As Fraudulent Transfers Image

Lease Terminations As Fraudulent Transfers

Michael L. Cook

Is an insolvent debtor's pre-bankruptcy termination of a commercial lease a fraudulent transfer? The circuit courts seem to be split, however a close reading of cases in the Third and Seventh Circuits shows that the reasoning of both courts can be reconciled on their facts.

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MOST POPULAR STORIES

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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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