Harry Potter Decision Provides Guidance on Fair Use
In <i>Warner Bros. Entertainment Inc. v. RDR Books,</i> the Southern District of New York addressed the issue of when a reference guide constitutes a fair use.
Features
On Shaky Ground: The (Near) Future of Patents After Bilski
This article explains some of the key problems in the Federal Circuit's <i>In re Bilski</i> decision and discusses the potential impacts of the decision and strategies to deal with these impacts.
Features
Labor Relations and the Supreme Court
This is the second of two articles examining decisions of the U.S. Supreme Court during its 2007-08 term that impacted the area of labor and employment law.
Features
No Rehire and No Comment Clauses in Severance Agreements
Proffering a severance agreement to employees being let go in a reduction in force (RIF), or for other reasons not involving willful misconduct, is now a common practice in corporate America. Recent decisions indicate that courts are willing to hold both employees and employers to all of the terms of their agreements. Here's how to craft the right ones.
Features
As the Economy Stumbles, Employment Discrimination Claims Climb
The U.S. Equal Employment Opportunity Commission (EEOC) saw the highest increase in discrimination charge filings last fiscal year, the largest annual increase (9%) since the early 1990s. And prospects for improvement in these numbers are dim. Here's what to do.
The ADA Amendments Act
On Sept. 25, 2008, President Bush signed the ADA Amendments Act of 2008 ("ADAAA") into law. This update to the Americans with Disabilities Act ("ADA") and will take effect on Jan. 1, 2009. Here's what it means to your practice.
Features
The Leasing Hotline
Recent litigation of importance to you and your practice.
Tenants Beware!
This two-part article focuses on how the SNDA (subordination non-disturbance and attornment agreement) can have impacts that are at least as important as a tenant's concern not to be disturbed in its possession of the premises.
In the Spotlight: Consents to Sublease: Issues to Consider from the Subtenant's Perspective
Subtenants should take the last steps in the Sublease documentation phase seriously, carefully review the Consent To Sublease and consider the issues described in this article before finalizing the Consent To Sublease. For your convenience and reference, this article offers a sample, arm's-length negotiated Consent To Sublease provision.
Features
The Most Crucial Commercial Lease Cases
For almost two years, the attorneys at Adam Leitman Bailey, P.C, have been compiling a list of the greatest commercial leasing cases of all time. Two of these attorneys, the authors of this two-part article, trace the lifetime of a leasehold from negotiation through breach and enforcement.
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MOST POPULAR STORIES
- 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 ›