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Landlord & Tenant Law
Insurance Failure Precludes Exercise of Purchase Option
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Perspective on Impact of COVID-19 on Entertainment Industry
Leslie José Zigel, Chair of the Entertainment, Media & Technology Group at Greenspoon Marder offers his thoughts on entertainment industry issues arising out of the COVID-19 pandemic.
Features

Counsel Concerns: COVID-19's Impact On Sports Lawyers
While every industry is dealing with massive upheaval as a result of the COVID-19 pandemic, few are as visible as sports and entertainment. While many who practice in this area anticipate a slowdown in overall legal work, certain pockets of work are being pushed to the forefront, creating demand for the services these attorneys provide.
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Commercial Lease Requirements During the Pandemic
Can a commercial tenant that is required to be closed during the COVID-19 pandemic be relieved of, or does it have a defense to, the obligation to continue to pay rent? The short answer is possibly yes, but the situation is unprecedented and the answer may have to be determined in litigation.
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Supreme Court Rules States Cannot Be Involuntarily Liable for Copyright Infringement
The U.S. Supreme Court has ruled that individual states are free to commit copyright infringement. The Court held that Congress attempted to abrogate states' sovereign immunity in an unconstitutional manner when enacting the Copyright Remedy Clarification Act of 1990 (CRCA).
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Bankruptcy Asset Sales During COVID-19 Crisis
The COVID-19 pandemic is already leaving its mark on the bankruptcy asset sale landscape. Despite the uncertainty — or even because of it — bankruptcy should still be viewed as a useful tool to effectuate the acquisition of assets. The current situation and anticipated distress across many industries presents opportunities for purchasers to acquire assets on favorable terms.
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TRO Bid in Arts Case Results in COVID-19 Rebuke from Judge
At this moment in COVID-19 time, if your case involved stopping the sale of counterfeit unicorn products on the Internet, sorry, that wouldn't be an emergency. That was the message from U.S. District Judge Steven C. Seeger, in a decision denying a request for a temporary restraining order filed on behalf of Art Ask Agency, the exclusive licensee for the fantasy art of British artist Anne Stokes, who is popular among the Dungeons and Dragons crowd.
Features

COVID-19: A Massive Impediment to Bankruptcy Relief
With Uncertainty As to When the Pandemic Will Ease, Bankruptcy Courts Do Not Seem to Be a Panacea Leading to Successful Reorganizations or Orderly Liquidations for Troubled Companies The impact of COVID-19 on efforts of businesses to reorganize or even orderly liquidate in bankruptcy has been swift and devastating
Features

UMG Defense Lawyers Discuss Ruling in Artists' Suit Over Warehouse Fire
In April, a U.S. District Judge tossed a six-count, $100 million-complaint against Universal Music Group that was filed after a 2008 warehouse fire that reportedly destroyed master recordings. The class action was originally brought by or on behalf of recording artists. After the ruling, Gibson, Dunn & Crutcher partners Scott Edelman and Deborah Stein and associate Nathaniel Bach, who served as defense counsel in the litigation, discussed the case.
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- The 'Sophisticated Insured' DefenseA 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.Read More ›
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- Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric CodeIn 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.Read More ›
- Guidance on Distributions As 'Disbursements' and U.S. Trustee FeesIn a recent case from the Bankruptcy Court for the District of Delaware, In re Paragon Offshore PLC, the bankruptcy court provided guidance on whether a post-plan effective date litigation trust's distributions constituted disbursements subject to the U.S. Trustee fee "tax."Read More ›