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Columns & Departments

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Case Notes

ssalkin

Moratorium Invalidated Where Consideration of Zoning Changes Not Planned<br>In Texas, LLCs Cannot Be Made to Pay Attorney Fees<br>No Interaction, No Equitable Tolling

Features

Taxing Questions for Law Firms Looking to Benefit in the New Regime Image

Taxing Questions for Law Firms Looking to Benefit in the New Regime

Meredith Hobbs

The new law offers two obvious potential benefits: a 20% deduction for pass-through entities such as partnerships, and a 21% tax on corporations.

Features

<i>Sales Speak:</i> Zombies, Stampeding Horses and the King of Prussia Image

<i>Sales Speak:</i> Zombies, Stampeding Horses and the King of Prussia

Allan Colman

<i><b>Business Development Leadership</i></b><p><i><b>Part One of a Two-Part Article</i></b><p>If you were hoping I would define leadership for you, I can't. What we will address includes zombies, stampeding horses, a former King of Prussia and how they fit in with the six primary elements of exceptional leadership.

Features

Bankruptcy Venue Reform Bill Introduced Image

Bankruptcy Venue Reform Bill Introduced

Adam Schlagman

On Jan 8, 2018, Senators John Cornyn (R-TX) and Elizabeth Warren (D-MA) introduced the Bankruptcy Venue Reform Act of 2018, which is designed to prevent forum shopping in Chapter 11 bankruptcy cases, a practice that has resulted in a concentration of bankruptcy cases in a few districts.

Columns & Departments

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IP News

Jeff Ginsberg & David Cooperberg

Federal Circuit Vacates Noninfringement Decision Finding a Genuine Dispute as to Divided Infringement<br>Patent Trial and Appeal Board Holds Sovereign Immunity No Defense to IPR Petition Brought by Accused Infringer

Columns & Departments

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Business Crimes Hotline

Colleen Snow

HSBC Resolves Wire Fraud Charges

Columns & Departments

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Real Property Law

ssalkin

Punitive Damages for Intentional Encroachment<br>Questions of Fact About Readiness to Perform<br>Issues of Fact Preclude Summary Judgment in Action for Brokerage Commission<br>No Meritorious Defense to Foreclosure Action

Columns & Departments

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Upcoming Event

ssalkin

SXSW Conference 2018 CLE Program

Features

Use of the Blockchain to Contract Digitally Image

Use of the Blockchain to Contract Digitally

Paige M. Boshell

Smart contracts are self-executing agreements written in code on the blockchain. Parties contract digitally using distributed ledger technology. This article offers a layperson's, non-technical summary of the underlying technology and consideration of certain legal implications for smart-contracting and contract management.

Features

Law Firm Security Q&A Image

Law Firm Security Q&A

Adam Schlagman

With the Appleby data breach still top of mind of many law firm and legal department professionals, cybersecurity has become a major area of concern. To learn more about how law firms can protect themselves against cyber attacks and data breaches, we sat down with Laurie Fischer, managing director at HBR Consulting.

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MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    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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