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Book Releases

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The Essential Guide to Entertainment Law: Intellectual Property<br>The Essential Guide to Entertainment Law: Dealmaking

Features

Common-Area Risk Abatement: Who is Responsible? Image

Common-Area Risk Abatement: Who is Responsible?

Janice G. Inman

When customers, employees and others invited to or simply passing by a leased commercial property are injured, and want compensation, who will be on the hook for the costs of bodily injury and property damage — the landlord, the tenant, the maintenance and security contractor hired by them, or some combination of these?

Features

The Bankruptcy Code's Inherent Limitations for Struggling Golf Courses Image

The Bankruptcy Code's Inherent Limitations for Struggling Golf Courses

Daniel A. Lev

<b><i>Part Two of a Two-Part Article</b></i><p>As addressed in the first part of this article last month, addressing the problems confronting golf course owners seeking financial restructuring under Chapter 11, the ability of a debtor to reject a restrictive covenant under Section 365 or to sell free and clear of a covenant under Section 363(f) is limited and the obstacles are difficult to surmount.

Features

Commercial Rent Control in New York: Back Again? Image

Commercial Rent Control in New York: Back Again?

David B. Saxe & Brett Dockwell

As retail vacancies have multiplied in New York City in recent years, some in the City Council have advocated for the reconsideration of commercial rent control, as set out in a proposed piece of legislation, the Small Business Jobs Survival Act This article provides a brief, nontechnical review of the bill and the legal and practical hurdles it faces if enacted.

Features

Beyond the FCPA: M&A Due Diligence Under the Expanded DOJ Corporate Enforcement Policy Image

Beyond the FCPA: M&A Due Diligence Under the Expanded DOJ Corporate Enforcement Policy

Jonathan B. New & Elias D. Trahanas

Over the past few years, the U.S. Department of Justice (DOJ) has taken notable steps to advance the axiom that the business community and law enforcement are "partners, not adversaries." DOJ has now taken its guidance one step further, announcing that the FCPA Corporate Enforcement Policy would apply to all potential wrongdoing discovered by an acquirer in the course of a merger or acquisition, not just to FCPA violations.

Features

Sticking a Hand in the Internet Cookie Jar Image

Sticking a Hand in the Internet Cookie Jar

Jeffrey Higel, Michael Bahar & Mike Nelson

As convenient, useful and cool mobile technology and interconnected devices are, they come with risks that remain largely unseen or, worse, ignored. Some…

Features

A New Philosophy for Managing Partners: Building Consensus Versus Managing As an Autocrat Image

A New Philosophy for Managing Partners: Building Consensus Versus Managing As an Autocrat

Joel A. Rose

An Astute Lawyer-Manager Must Achieve the Appropriate Balance of Building Consensus Among the Partners Applying management techniques to practice areas may introduce to the firm a new take on methods for enhancing profitability.

Features

How Bankruptcy Courts Will Treat Cases Involving Cryptocurrency Exchanges Image

How Bankruptcy Courts Will Treat Cases Involving Cryptocurrency Exchanges

Richard J. Mason

This article looks at some of the issues that may arise if a cryptocurrency exchange becomes a debtor in a case under the Bankruptcy Code.

Features

Overcoming Legal Finance Misconceptions In 2019 Image

Overcoming Legal Finance Misconceptions In 2019

Ari Kaplan

As the volume of litigation continues to grow and the ability to manage it as a defendant or add to it as a plaintiff grows increasingly complex, legal costs will continue to rise in 2019 — and funding advocacy on both sides will remain a lingering challenge.

Features

U.S. Trade-Secret Theft Prosecutions Target China and Are on the Rise Image

U.S. Trade-Secret Theft Prosecutions Target China and Are on the Rise

Phillip Bantz

The U.S. and China are in the midst of an escalating trade war and the DOJ has been prosecuting trade misappropriation cases against China with notable vigor as of late.

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    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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