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Features

Commercial Lease Terms: More Issues to Cover Image

Commercial Lease Terms: More Issues to Cover

Alan Nochumson

<b><i>Part Two of a Two-Part Article</b></i></p><br>Last month we began discussion of several topics of interest to tenants and landlords as they negotiate leases for commercial space. We continue here with more items that should not be overlooked by either party to a commercial lease during its formulation.

Features

IPR Estoppel: The Present and the Future Image

IPR Estoppel: The Present and the Future

John P. Isacson

IPRs have now been conducted for several years, and litigation has ensued over the procedures by which they are conducted. Decisions have been rendered by the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit, which have resolved some issues, created others, and altered procedures.

Features

EU Commission Alleges Video-Game Geoblocking Image

EU Commission Alleges Video-Game Geoblocking

Simon Taylor

The European Commission has charged Valve Corp., the owner of Steam video-game distribution platform, and five video-game publishers with breaking European Union (EU) competition rules through their use of geoblocking, which restricts access to digital content on a territorial basis.

Features

Should Trump's Foreign Policy Affect Criminal Prosecutions? Image

Should Trump's Foreign Policy Affect Criminal Prosecutions?

Robert J. Anello & Kostya Lantsman

Business has gone global. So too has business-related crime. In the interconnected business environment, white-collar criminal investigations and prosecutions frequently present cross-border issues and affect U.S. foreign relations. Indeed, in some recent high-profile cases, the Trump administration has implied that it sees law enforcement — or the lack of it — as one of the tools in its foreign policy arsenal.

Features

Fifth Circuit Blocks Fraudulent Transferee's Good Faith Defense Image

Fifth Circuit Blocks Fraudulent Transferee's Good Faith Defense

Michael L. Cook

"A … transferee [who] received fraudulent transfers with actual knowledge or inquiry notice of fraud or insolvency" loses any "good faith" defense available under the Texas version of the Uniform Fraudulent Transfer Act (TUFTA), held the Fifth Circuit in Janvey v. GMAG, LLC

Features

Best Ways to Expand Key Client Relationships Image

Best Ways to Expand Key Client Relationships

Julie Savarino

<b><i>Part Two of a Two-Part Article</b></i><p>This two-part article defines the specific and best actions lawyers and law firms can take to expand client relationships. This second part covers what law firms as institutions can do to help the firm's departments, practice groups, teams and lawyers expand client relationships.

Features

Best Ways to Expand Key Client Relationships from the Lawyers' and Firms' Perspectives Image

Best Ways to Expand Key Client Relationships from the Lawyers' and Firms' Perspectives

Julie Savarino

<b><i>Part One of a Two-Part Article</b></i><p> For a variety of reasons, many law firms and lawyers struggle to effectively cross-sell or cross-service. This article defines the specific and best actions lawyers and law firms can take to expand client relationships.

Features

Risks of “Baseball Arbitration” in Resolving Real Estate Disputes Image

Risks of “Baseball Arbitration” in Resolving Real Estate Disputes

Gerald M. Levy

“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Rick Ross Defeats Trademark Suit over Mastermind Album<br>TV Host's Course of Conduct During Life Bars Estate From Getting His IP and Publicity Rights

Features

Best Practices for Social Media Advertising Image

Best Practices for Social Media Advertising

Amanda H. Wilcox

Social media is growing up, and this means that brands of all sizes and across all industries are using social media as part of their marketing strategy. However, courts have confirmed that the basic tenets of intellectual property law and advertising law still apply. The following guidelines stem from common questions that clients often have in the area of social media marketing.

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MOST POPULAR STORIES

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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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