Features

Subchapter V Could Be Ideal Choice for Franchisees
When franchisees choose to financially reorganize under the Bankruptcy Code, they may be the right size to choose to reorganize under Subchapter V of Chapter 11. Where the franchisor and the franchisee cannot reconcile, Subchapter V may provide the franchisee with breathing room and leverage to be revitalized.
Features

Do Pharmaceutical Patents Do More Harm Than Good?
This article discusses how a pharmaceutical patent works, its role in drug development, and the polarizing impact it has on global health care.
Features

Can Your Spouse Help You Find New Clients?
Sooner or later, everyone needs a lawyer. It has been said the average American knows 600 people. You might have done a good job at raising awareness among your friends about how your can help them. Your partner likely knows 600 people too. There is overlap, but plenty of new names. Can they spot a business opportunity and tell your story?
Columns & Departments
Fresh Filings
Notable recent court filings in entertainment law.
Features

Most Companies Don’t Honor Privacy Opt-Outs
Global privacy control lets computer users set privacy preferences in their browsers, automatically sharing those choices whenever users go to a site. It’s supposed to give individuals more control over their personal data, allowing them to opt in or out of cookie usage, data sharing, data selling and targeted advertising.But they only work if companies honor them. And in most instances, they don’t.
Features

How to Turn More Lawyers Into Rainmakers
As a leader, one of your main responsibilities is helping your lawyers generate more revenue. But what tools and approaches can you employ to make that happen?This article shares insights from a five-week mastermind program conducted with 20 Professional Development experts from Am Law 200 firms.
Features

Despite SCOTUS Ruling, Aggravated Identity Theft Statute Ripe for Overreach
Despite a Supreme Court ruling aimed to curb the prosecutorial overreach of the Aggravated Identity Theft Statute by narrowing its interpretation, the statute remains inherently vague, perpetuating unjust outcomes. Without legislative amendment or more definitive judicial guidance, the statute will continue to serve as a tool for prosecutorial overreach.
Columns & Departments
Co-ops and Condominiums
Limited Warranty Establishes Defense to Consequential Damages Claim Against Sponsor
Features

Federal Judge Allows Public Nuisance Claims Against Social Media Sites to Go Forward
Social media took another hit Nov. 15 after a federal judge allowed most of the public nuisance claims brought by school districts in the addiction cases to move forward.
Features

Mortgage Can Be Modified By Ch. 11 Plan, Even If Debtor Is Not Indebted, But Cram-Down Limited
Today we review a situation where a 50% interest in mortgaged commercial real estate was transferred without the consent of the lender, and the new tenant-in-common owner subsequently filed a Chapter 11 case and attempted to modify the payment terms of the mortgage loan to which he is not a party.
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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 ›
- The New York Uniform Commercial Code Comes of AgeParties in large non-consumer transactions with no connection whatsoever to New York often choose its law to govern their transactions, and New York statutes permit them to do so. What most people do not know is that the New York Uniform Commercial Code is outdated.Read More ›