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Avoiding Legal Risks: Crafting a Strong Do Not Call Policy for Compliance Image

Avoiding Legal Risks: Crafting a Strong Do Not Call Policy for Compliance

Paul St. Clair

A strong Do Not Call Policy (DNC) is vital to comply with the Telephone Consumer Protection Act. Ensuring robust DNC compliance protects an organization's reputation and increases consumer trust. Below is a practical guide for building and implementing DNC policies that ensure compliance and reduce liability.

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Is a Master Lease to Operate Healthcare Facility Classified As ‘Residential’ or ‘Nonresidential’ In Bankruptcy? Image

Is a Master Lease to Operate Healthcare Facility Classified As ‘Residential’ or ‘Nonresidential’ In Bankruptcy?

Francis J. Lawall & Nikki Donofrio

One of the most significant calls on cash in a bankruptcy involves post-petition rent obligations due on leased facilities. Under the Bankruptcy Code, post-petition obligations with respect to leased “nonresidential real property” must be timely paid. While the code draws a distinction between residential and nonresidential real property, there is no explicit definition of “nonresidential,” thus creating difficult issues in certain health care cases.

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What Qualities Will Distinguish Good from Great Service In 2025? Image

What Qualities Will Distinguish Good from Great Service In 2025?

Ari Kaplan

The qualities that matter most to corporate leaders typically relate to partnership, service, and transparency. Legal teams incorporating these traits more comprehensively into their representation will stand out and create a competitive advantage in 2025, particularly given the heightened preferences for automation and self-service options.

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Exploring Generative AI’s Impact on Intellectual Property Image

Exploring Generative AI’s Impact on Intellectual Property

Jazmyn Ferguson & Matt Minder

This article highlights some of the challenges GenAI presents, and recent developments in copyright law and trademark law in this quickly evolving space.

Features

The 5 Most Influential Patent Law Cases of 2024 Image

The 5 Most Influential Patent Law Cases of 2024

Monica Arnold & Michelle Armond

We’re counting down to the new year with a recap of the five most influential patent decisions from 2024. Spanning damages, design patents, infringement loopholes, issue preclusion, and prior art disqualification, the U.S. Court of Appeals for the Federal Circuit had an active year issuing cases with a direct impact on innovation. With several of these decisions currently on appeal to the U.S. Supreme Court, 2025 is shaping up to bring even more change.

Features

Potential Antitrust Risks When Using AI-Driven Pricing Tools Image

Potential Antitrust Risks When Using AI-Driven Pricing Tools

Ryan Krone & Richard Brosnick

Companies need to seriously consider the potential antitrust risks when using AI-driven or algorithmic software-based third-party services for things such as pricing or inventory management. These tools can increase efficiency, but, depending on specifics, can also lead to serious antitrust risks.

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District Court Cautiously Affirms Five-Year Old Purdue Preliminary Injunction Image

District Court Cautiously Affirms Five-Year Old Purdue Preliminary Injunction

Michael L. Cook

This decision explains the judicial rationale for bankruptcy court preliminary injunctions.

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Law Firm Leaders Reflect on 2024 and Look Ahead to 2025 Image

Law Firm Leaders Reflect on 2024 and Look Ahead to 2025

Patrick Smith

By all measures, Big Law saw more events and trends in 2024 than the legal industry may have seen in years. But was all that change in 2024 welcome, and what are law firm expectations for 2025?

Features

Internet Archive Won’t Pursue Supreme Court Relief Over Loss of Copyright Case to Book Publishers Image

Internet Archive Won’t Pursue Supreme Court Relief Over Loss of Copyright Case to Book Publishers

Alyssa Aquino

The Internet Archive has stopped defending its free digital library against a publisher-launched copyright lawsuit and announced that it won’t ask the U.S. Supreme Court to review whether the depository is a fair use of the plaintiff publishers’ copyrights.

Features

What You Need to Know About PA’s Act 52 Image

What You Need to Know About PA’s Act 52

John Hosa

The Wholesale Real Estate Transaction Transparency and Protection Act, which requires real estate wholesalers to obtain licensing and grants additional protections to property owners in wholesale transactions, will take effect on Jan. 4, 2025.

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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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