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Features

Lawyers: Being Paid Shouldn't Be Like Pulling Teeth! Image

Lawyers: Being Paid Shouldn't Be Like Pulling Teeth!

Peter A. Johnson

What Lawyers Can Learn From Dentists Attorneys have historically let the client lead the payment dance. Lawyers do the work and hope/expect to be paid without waiting too long or discounting the invoice too steeply. Yet, here we are at the beginning of another year with many law firms still waiting anxiously for overdue checks to arrive. Shame on us for letting this happen. What can we do differently?

Features

Athletic Coaches and the Tax Act Image

Athletic Coaches and the Tax Act

Lawrence L. Bell

When the Tax Cut and Jobs Act became law in December of 2017 there was a question whether some of the highest salaried employees at non-profit organizations would be exempt from the $1M remuneration tax. In the majority of states, the highest salaried employees are athletic coaches.

Columns & Departments

In the Courts Image

In the Courts

Dennis Mahoney

Fifth Circuit Reverses Ponzi Funds Ruling

Features

The How, What and Why of a Potential PG&E Bankruptcy Image

The How, What and Why of a Potential PG&E Bankruptcy

John J. Rapisardi & Daniel Shamah

PG&E Corporation and its subsidiary, Pacific Gas & Electric Company announced that it expects to file for Chapter 11 bankruptcy protection on or around Jan. 29, 2019, right around the conclusion of a mandatory 15-day notice requirement under California law. Such a filing would represent the second time PG&E resorted to protection under the U.S. Bankruptcy Code.

Features

Are Cybersecurity Solutions and Consulting a New Revenue Stream for Law Firms? Image

Are Cybersecurity Solutions and Consulting a New Revenue Stream for Law Firms?

Ishan Girdhar

The Big 4 accounting firms have identified legal services as an area for growth beyond traditional financial services and consulting services.

Columns & Departments

Business Crimes Hotline Image

Business Crimes Hotline

Dennis Mahoney

Head of International NGO Convicted of Bribery, Money Laundering Crimes

Features

Junior Noteholders Successfully Petition for Dismissal of Involuntary Filing Image

Junior Noteholders Successfully Petition for Dismissal of Involuntary Filing

H. Peter Haveles, Jr. & Eric Winston

The bankruptcy court's ruling is a seminal decision that meaningfully circumscribes the ability of a secured noteholder under an indenture, particularly for structured debt, to force the debtor (i.e., issuer of the debt) into an involuntary bankruptcy.

Features

West Village Houses: Units Ruled Not Stabilized Despite Receipt of J-51 Benefits Image

West Village Houses: Units Ruled Not Stabilized Despite Receipt of J-51 Benefits

Jeffrey Turkel

Ever since 2009, it has been an article of faith that a building's receipt of J-51 benefits means that all of the apartments therein automatically become rent-stabilized. If those apartments were already rent-stabilized, they become stabilized a second time. The second layer of rent stabilization has the effect of barring luxury deregulation, at least until J–51 benefits expire. In West Village Houses Renters Union v WVH Hous. Dev. Fund, Justice Barbara Jaffe held that the tenants of 32 unsold cooperative units at the West Village Houses complex were not rent-stabilized, even though their buildings had received J-51 benefits.

Columns & Departments

Development Image

Development

ssalkin

Town Cannot Hold Back Building Permits as Financial Security<br>Parkland Alienation Doctrine Does Not Preclude Dock on Open Space Easement<br>Landowner Failed to Exhaust Administrative Remedies

Columns & Departments

Real Property Law Image

Real Property Law

ssalkin

No Duty to Maintain Bulkhead<br>Self-Conveyance Did Not Sever Joint Tenancy<br>Promissory Estoppel Not Available to Avoid Statute of Frauds<br>Presumption of Hostility Sustains Prescriptive Easement Claim

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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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