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Features

The Leasing Hotline Image

The Leasing Hotline

ALM Staff & Law Journal Newsletters

Analysis of recent rulings.

Current Market Refocuses Attention on 'SNDA' Agreements Image

Current Market Refocuses Attention on 'SNDA' Agreements

Jeffrey B. Steiner & Zachary Samton

This article discusses a loan document that requires execution by tenants of the subject property, the Subordination, Non-Disturbance and Attornment Agreement, commonly referred to as an SNDA.

In the Spotlight: The Use of a Captive Insurance Company By a Commercial Tenant Image

In the Spotlight: The Use of a Captive Insurance Company By a Commercial Tenant

Brian J. Levin

This article addresses what it means for a tenant to self-insure or obtain insurance through a captive, and how a landlord and tenant can modify their lease accordingly.

The Operating Expense Gross-Up Image

The Operating Expense Gross-Up

David P. Resnick

Landlords and tenants that include property taxes as a variable expense for purposes of a gross-up provision should provide for a thorough and detailed accounting methodology to avoid disputes when those expenses are billed.

Features

In the Courts Image

In the Courts

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Features

Business Crimes Hotline Image

Business Crimes Hotline

ALM Staff & Law Journal Newsletters

National rulings of interest.

Insider Trading: It's Not Just for Suits Image

Insider Trading: It's Not Just for Suits

Joel M. Cohen & Mary Kay Dunning

On Sept. 30, 2010, the SEC brought an insider trading case against two railroad employees and their relatives, alleging that the defendants reaped more than $1 million in illegal gains by trading on nonpublic information about the planned takeover of the railroad company.

Features

Honest-Services Fraud in the Wake of Skillings Image

Honest-Services Fraud in the Wake of Skillings

Robert Plotkin & Nicholas B. Lewis

The Supreme Court has tried again to restrict application of the honest-services fraud statute (18 U.S.C. ' 1346), which has been zealously used by prosecutors to target a wide swath of allegedly unethical behavior by public officials and private employees alike.

And at the Whistle, They're Off Image

And at the Whistle, They're Off

Laurence A. Urgenson, Audrey Harris & Samuel Williamson

The new Dodd-Frank Act not only alters the manner in which companies will handle their own compliance and disclosure obligations; it may dramatically change the way issuers conduct internal investigations.

Valuation Disputes in Bankruptcy Litigation Image

Valuation Disputes in Bankruptcy Litigation

Linda Dakin-Grimm

In contested bankruptcy cases, success in litigation ' over issues such as the enterprise value of the debtor ' can determine the success of the reorganization. Management and the board of directors should be aware of (and plan for) certain dispute-related "facts of life," long before the company files in court.

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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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