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Columns & Departments

In the Courts Image

In the Courts

ljnstaff

Analysis of a case involving an embezzling attorney.

Features

Supreme Court Considers Sports Betting Law Image

Supreme Court Considers Sports Betting Law

Tony Mauro

The U.S. Supreme Court seemed ready to strike down — though not by a unanimous vote — the federal law that bans most states from licensing sports betting.

Features

In New York: Recovery of Accelerated Rents from a Commercial Lease Guarantor Image

In New York: Recovery of Accelerated Rents from a Commercial Lease Guarantor

Joseph I. Farca

With an effective rent-acceleration clause and good-guy guaranty, there is a little-used legal procedure that could allow the landlord to quickly pursue the guarantor for lost back and future rents: a motion for summary judgment in lieu of complaint.

Features

Sexual Harassment Image

Sexual Harassment

Robert G. Brody & Katherine M. Bogard

<b><i>The Basics, the Skeletons In Your Closet, and How to Be Prepared</b></i><p>Harvey Weinstein has put the spotlight on sexual harassment in the workplace. Under this light we see multiple industries struggling with their own sexual harassment allegations and revelations.

Features

Litigation Funding Changes Legal Landscape for Boutique and Small Firms Image

Litigation Funding Changes Legal Landscape for Boutique and Small Firms

Monika Gonzalez Mesa

<b><i>The Growth of Third-Party Litigation Funding Has Been a Boon to Small Firms, But Boutique Firms Are Taking a Hit</b></i><p>The growth of litigation funding has widened the pool of law firms that can take on big cases, but their increasing popularity means boutique firms that have traditionally landed multimillion-dollar lawsuits by taking them on contingency or offering alternative fee arrangements are now taking a hit.

Columns & Departments

Case Notes Image

Case Notes

ljnstaff

An in-depth discussion of two major rulings.

Columns & Departments

Case Notes Image

Case Notes

ljnstaff

Analysis of a case in which the Eighth Circuit reversed the confirmation by the Board of Immigration Appeals of a deportation order because the Immigration Judge's finding of a fraudulent marriage was not based on proper evidence.

Columns & Departments

Real Property Law Image

Real Property Law

ljnstaff

Analysis of key rulings involving adverse possession, "stranger to the deed," and a claim against a homeowners association.

Columns & Departments

Business Crimes Hotline Image

Business Crimes Hotline

ljnstaff

Discussion of two major rulings out of Georgia and New York.

Features

When 'Bankruptcy Remote' Meets Public Policy Image

When 'Bankruptcy Remote' Meets Public Policy

Pamela J. Martinson

<b><i>Serving Two Masters</i></b><p>This article examines two recent cases, and suggests practices that lenders to BREs can use to reduce the risk of a debtor bankruptcy without compromising the policies underlying bankruptcy and corporate laws.

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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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