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Fair Use Applied to Embedded Photograph Image

Fair Use Applied to Embedded Photograph

Stephen M. Kramarsky

The extremely flexible character of social media has required equal flexibility in courts' intellectual property analysis. Happily, under U.S. copyright law, that kind of flexibility is possible.

Features

'Frustration' and 'Impossibility': Viable Defenses Amid the Pandemic? Image

'Frustration' and 'Impossibility': Viable Defenses Amid the Pandemic?

Warren A. Estis & Alexander Lycoyannis 

As the COVID-19 pandemic and its accompanying economic fallout continue to unfold, commercial tenants have increasingly come to rely on the common law doctrines of impossibility of performance and frustration of purpose as defenses to the nonpayment of rent.

Features

Equal Justice Should Apply to All, Including the President's Friends Image

Equal Justice Should Apply to All, Including the President's Friends

Harry Sandick & Jacob Tuttle Newman

This article considers certain positions taken by DOJ in cases involving Roger Stone, Michael Flynn and the subpoenas duces tecum issued by the New York District Attorney's Office in connection with its investigation into the Trump Organization.

Features

How U.S. Court Ruled Whether France's Right of Publicity Law Is Descendible Image

How U.S. Court Ruled Whether France's Right of Publicity Law Is Descendible

Stan Soocher

Battles over celebrities' estates often end up in litigation, but a recent court ruling involving the estate of French oceanic explorer, environmentalist and documentary filmmaker Jacques Cousteau included a not-often-seen right of publicity consideration: how a U.S. court determines whether right-of-publicity protection in another nation is descendible.

Features

Defending Attorneys Against Extortion Charges Presents Unique Challenges Image

Defending Attorneys Against Extortion Charges Presents Unique Challenges

Bradley A. Marcus

Although the criminal prosecution of lawyer misconduct is nothing new, the recent indictment of a plaintiffs' lawyer in Maryland and sentencing of two plaintiffs' lawyers in Virginia illustrate the particular danger to attorneys who arguably cross the line during negotiations with potential litigation counterparties.

Features

Allocation Issues for Settling Weinstein Sex Assault Claims Image

Allocation Issues for Settling Weinstein Sex Assault Claims

Heidi Reavis

This article examines the recent judicial dialogue concerning allocation of Weinstein settlement proceeds among Weinstein crime victims, Weinstein Company creditors and defense counsel who have defended the Weinstein corporate officers and directors, and the overall negative impact these various episodes of the Weinstein settlement story likely have on victims' willingness to participate or come forward at all.

Features

Four Class Actions Allege Rent Overcharge Chicanery Image

Four Class Actions Allege Rent Overcharge Chicanery

Lucas Ferrara

On Oct. 29, 2020, a Manhattan real-estate firm filed four separate class-action lawsuits highlighting three different maneuvers landlords used to evade the requirements of a tax-abatement program.

Features

Turn that Frown Upside Down Image

Turn that Frown Upside Down

Jonathan Friedland & Hajar Jouglaf

Using Subchapter V's Unlimited Debt Limit & Confirmation Requirements to Eradicate Personal Guarantees Limitations to Subchapter V suggest that it will be of no use to all but very small companies, but before turning completely away from the topic, there are other considerations in play.

Features

Four Class Actions Allege Rent Overcharge Chicanery Image

Four Class Actions Allege Rent Overcharge Chicanery

Lucas Ferrara

On Oct. 29, 2020, a Manhattan real-estate firm filed four separate class-action lawsuits highlighting three different maneuvers landlords used to evade the requirements of a tax-abatement program.

Features

Transportation Services Agreements At Risk in Chapter 11 Proceedings Image

Transportation Services Agreements At Risk in Chapter 11 Proceedings

Francis J. Lawall & Patrick M. Ryan 

In 2020, we've become all too familiar with the struggles of the gas and oil producers upon which many of our most popular industries rely. The resultant surge in restructuring activities, including Chapter 11 proceedings, among gas and oil producers is the highest in years.

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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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