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Tips to Minimize Landlord's Exposure When a Commercial Tenant Files Bankruptcy Image

Tips to Minimize Landlord's Exposure When a Commercial Tenant Files Bankruptcy

Carmen Contreras-Martinez 

Landlords often have clues that a tenant is going to be filing for bankruptcy, rental payments are consistently late several months in a row and the tenant falls more than a month behind on the rent. But, it can still be shocking when a landlord receives a legal notice in the mail, instead of a rent check.

Columns & Departments

Development Image

Development

ssalkin

Lawyer's Signs on Buildings Owned By Corporation Violate Administrative Code

Features

Swedish Music Industry Views as European Union Countries Work on Drafting Home Laws for Enacting EU Copyright Directive Image

Swedish Music Industry Views as European Union Countries Work on Drafting Home Laws for Enacting EU Copyright Directive

Stan Soocher

This article is Part One of a two-part article This article examines the Copyright Directive and music-industry structure issues through the lens of Sweden, which has both a robust music business and a strong technology sector, two divergent perspectives in the development of the directive.

Features

Exercising the Extraterritorial Limitation on U.S. Copyright Law Image

Exercising the Extraterritorial Limitation on U.S. Copyright Law

Robert J. Bernstein & Robert W. Clarida

A necessary element of secondary liability claims is an underlying infringement of U.S. copyright law by a third party. If the activities abroad are not subject to the law, the predicate direct infringement required for the imposition of secondary liability cannot be established.

Features

Stockholder Derivative Litigation Update Image

Stockholder Derivative Litigation Update

Joseph M. McLaughlin & Shannon K. McGovern

The Delaware Court of Chancery recently addressed a nearly unprecedented issue: the discovery and privilege implications of a special litigation committee's (SLC) decision to hand over control of a company claim to a stockholder derivative plaintiff who initiated the claim and survived a motion to dismiss.

Columns & Departments

IP News Image

IP News

Jeff Ginsberg

Northern District of Texas: Even Post-Berkheimer, Patent Claims Continue to be Ineligible for Patenting as a Matter of Law When They Are Not Drawn to Particular Technical Solutions or Advances Described in the Specification Federal Circuit: The PTAB Cannot Institute Inter Partes Review on Obviousness Grounds Not Included in the IPR Petition, But Can Consider Evidence of "General Knowledge" in the Art

Features

SEC Proposes Changes to Accredited Investor Definition Image

SEC Proposes Changes to Accredited Investor Definition

Peter Fass

The definition of "accredited investor" uses income and net worth thresholds to identify natural persons as accredited investors.

Features

'Vanicorn' Lawsuit Filed over Pixar, Disney Film Image

'Vanicorn' Lawsuit Filed over Pixar, Disney Film

Scott Graham

A unicorn-loving tattoo artist alleges that Pixar and Disney have tricked her into letting them use her "Vanicorn" in the upcoming film Onward. Her suit accuses the companies of copyright infringement, and violations of state and federal laws protecting artwork.

Columns & Departments

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Case Notes

ssalkin

Exculpatory Clause Bars Tenant's Claim for Lost Profits Resulting from Landlord's Negligence

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

ssalkin

Technical Defects Do Not Invalidate Amendments to Condominium Declaration

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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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