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Features

Conquering Holiday Stress Image

Conquering Holiday Stress

Dr. Marsha D. Brown

Attorneys are often expected to manage not only their own emotions surrounding this time of year, but those of others as well. While many people delight in gatherings and celebrations, those within the legal realm must navigate a unique set of challenges, including heavy caseloads, demanding clients and personal holiday commitments. Between stress at work and responsibilities at home, this can seem daunting and, at times, outright overwhelming. To help navigate this season, here are six tips to help conquer holiday stress.

Features

An NDA Is Not a ‘Magic Talisman’ for Trade Secret Protection Image

An NDA Is Not a ‘Magic Talisman’ for Trade Secret Protection

Stephen M. Kramarsky

An NDA can cover information that would not qualify as a trade secret under state or federal law, and it can provide limited contractual protection to that information. But it is not a “magic talisman” for the protection of intellectual property, and it cannot create trade secret protection where it would not otherwise exist.

Features

The Increase in Artificial Intelligence-Related Securities Class Actions Image

The Increase in Artificial Intelligence-Related Securities Class Actions

Jay Dubow & Joanna Cline & Milica “Millie” Krnjaja

While the full scope of AI-related legal risks is still developing, both the SEC and FTC have revealed the kinds of AI-related corporate behaviors they consider problematic. The problematic corporate behavior the agencies emphasized the most is “AI Washing” — the practice of making unfounded claims about AI capabilities.

Features

Defining ‘Alter Ego’ and Its Application to Determine Corporate Taxability Image

Defining ‘Alter Ego’ and Its Application to Determine Corporate Taxability

Jeffrey A. Galant

Creditors of corporate entities will, at various times, pursue the controlling shareholders to satisfy an undercapitalized corporation’s indebtedness. Following along these lines, when it comes to income taxation, it is always important to be able to identify the proper taxpayer. Alter ego concepts may aid in any such determination, i.e., determining whether a corporation that presumably realizes the income should be taxed, or whether the controlling shareholder realized the income and, therefore, should bear the tax liability.

Features

The Risks of Office-to-Residential Conversions Image

The Risks of Office-to-Residential Conversions

Peter E. Fisch & Salvatore Gogliormella

Office-to-residential conversions present significant challenges to owners and developers that arise from the interrelationship among the regulatory regime, the legal restrictions and requirements of the site and the physical requirements of conversion; the resulting incremental cost of conversions mean that many potential conversions just do not pencil out.

Columns & Departments

Players On the Move Image

Players On the Move

Entertainment Law & Finance Staff

A look at moves among attorneys, law firms, companies and other players in entertainment law.

Columns & Departments

Upcoming Event: Copyright Year In Review Image

Upcoming Event: Copyright Year In Review

Entertainment Law & Finance Staff

CLE sponsored by the Copyright Society of the South, Nashville, TN, Dec. 12, 2024.

Columns & Departments

Development Image

Development

New York Real Estate Law Reporter Staff

Department of Environmental Conservation Misapplied Statute

Features

Trump May Dial Back ‘Hyper-Aggressive’ Antitrust Enforcement of Biden Administration Image

Trump May Dial Back ‘Hyper-Aggressive’ Antitrust Enforcement of Biden Administration

Trudy Knockless & Chris O'Malley

Dealmakers and business leaders should not expect Donald Trump during his second presidential administration to retreat from aggressive antitrust enforcement, but they may see relief from some of the Biden administration enforcement tactics they found especially aggravating.

Columns & Departments

IP News Image

IP News

The Intellectual Property Strategist Staff

A look at the latest developments in intellectual property law.

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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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