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Real Property Law

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Affirmative Covenant Enforceable Against Successor Developer<br>Post-Sandy FEMA Height Requirements Might Make Restrictive Covenant Unenforceable

Columns & Departments

Landlord & Tenant Image

Landlord & Tenant

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Claim Based On Retaliation for Assertion of Fair Housing Rights Dismissed<br>Failure of Consideration a Defense In Action Against Tenant's Guarantor

Columns & Departments

Cooperatives and Condominiums Image

Cooperatives and Condominiums

ssalkin

Sponsors Not Entitled to Indemnification for Faulty Construction

Features

A Practitioner's Guide to Key Provisions In Film Director Agreements Image

A Practitioner's Guide to Key Provisions In Film Director Agreements

Marc Jacobson

Film remains a director's medium, considering that the director will always give shape and vision to the writer's words.

Features

Getting Ready for Wide-Ranging Reach of California's Data Privacy Law Image

Getting Ready for Wide-Ranging Reach of California's Data Privacy Law

Samuel Cullari & Alexis Cocco

The CCPA is the first of its kind, generally applicable data protection law in the United States. What makes the CCPA unique is not only its applicability to companies like those in the entertainment and media industries, but also the rights it provides to consumers regarding their personal information (PI).

Features

Carrot Replaces Stick: Corporate Crime Enforcement In the Trump Administration Image

Carrot Replaces Stick: Corporate Crime Enforcement In the Trump Administration

Joseph F. Savage, Jr. & Marielle Sanchez

Elections have consequences, and the election of President Trump has resulted in a significant shift in law enforcement priorities. Corporate enforcement activity is at lows not seen in decades, despite an overall increase in federal criminal cases. This is a product of a change in priorities, both in terms of types of offenses and types of offender. So, for the time being, there will be almost unprecedented opportunity to achieve favorable resolutions for corporate clients.

Features

Hey! That's My Move! Image

Hey! That's My Move!

Erin Hennessy, Annie Allison & Logan Kotler

Copyright, Fortnite and the Ability to Protect How You Shake Your Groove Thing The U.S. Supreme Court just crashed the copyright world's latest dance party — stepping on the toes of a soiree of copyright infringement lawsuits against videogame developer Epic Games, the creator of Fortnite.

Features

Navigating the Two Sides of Amazon's Take-Down Process Image

Navigating the Two Sides of Amazon's Take-Down Process

Edward Weisz & Alanna Miller

In this article, we explain how copyright, trademark and patent infringement issues unfold on Amazon by describing the process for rights holders to report infringement, and the impact of successful infringement take-down requests.

Features

Judicial Skepticism Mounts Over the Use and Reach of Appellate Waivers Image

Judicial Skepticism Mounts Over the Use and Reach of Appellate Waivers

Harry Sandick & Danielle Quinn

A defendant who pleads guilty is usually required to waive a host of constitutional and statutory rights, such as the right to a jury trial, the right to confront and cross-examine adverse witnesses, the right to testify and present evidence. However, many defendants are also required to waive their right to appeal in order to receive a favorable plea agreement with the government.

Features

Commercial Lease Terms: More Issues to Cover Image

Commercial Lease Terms: More Issues to Cover

Alan Nochumson

<b><i>Part Two of a Two-Part Article</b></i></p><br>Last month we began discussion of several topics of interest to tenants and landlords as they negotiate leases for commercial space. We continue here with more items that should not be overlooked by either party to a commercial lease during its formulation.

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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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