Features

Conducting Internal Investigations When Parent Is a Foreign Company
What criteria should the foreign parent organization use to select counsel in the United States to conduct the independent internal investigation?
Features

IRS Seeks to Regulate Partnership Basis Adjustments
The proposed regulations would disallow basis adjustments in many non-abusive scenarios where those basis adjustments are necessary to achieve tax results that correspond to economic reality.
Features

Bankruptcy Court Creates Potential Loophole for Cannabis Businesses Seeking Ch. 7 Protection
With a growing leniency in denying motions to dismiss for asserted violations of the Controlled Substances Act and the anticipated rescheduling of cannabis, it appears that bankruptcy relief may become a viable option even for plant-touching and cannabis-related businesses.
Features

5 Ways Small and Midsize Law Firms Can Win More Pitches (and Improve Realization Rates)
Smaller law firms can significantly increase their chances of competing with large "Goliaths" by bringing an industry focus, maximizing their digital footprint, building processes and systems around the pitch/proposal process, looking backwards for strengths, and engaging in social media.
Features

Is Supreme Court the Next Step In Deciding ISP Copyright Infringement Liability?
A new appeal landed at the U.S. Supreme Court with potentially billions of dollars at stake for the music, movie and Internet industries. The question presented is whether internet service providers such as Cox Communications, AT&T and Comcast should be held liable for the copyright infringement committed by their users.
Columns & Departments
Co-ops and Condominiums
Obligation to Construct Interior of Condominium Did Not Touch and Concern the Land, and Therefore Did Not Bind Successor Managing Agent Did Not Owe Fiduciary Duty to Unit Owner; Condo Board Protected By Business Judgment Rule No Preliminary Injunction In Acton to Abate a Noise Nuisance
Columns & Departments
Fresh Filings
Notable recent court filings in entertainment law.
Features

PA Court: Vacant Lot Valueless Without Zoning Variance
The Pennsylvania Commonwealth Court affirmed a decision by the city of Philadelphia's Zoning Board of Adjustment (ZBA) that a real estate developer's evidence established an unnecessary hardship because it proved that the property, a vacant lot that needed costly environmental remediation, was practically valueless without the granting of a variance under the Philadelphia Zoning Code.
Features

Phase 2 of PA's Insurance Data Security Law Is Coming — Record of Compliance Required
In 2023, Pennsylvania joined the growing number of states enacting the National Association of Insurance Commissioners' (NAIC) Model Law on Insurance Data Security. On Dec. 11, 2024 (just four months away), the second phase of the law goes into effect, which requires licensees to undertake detailed risk assessments, design and implement comprehensive and written cybersecurity programs, and, for some organizations, publicly certify compliance with the law.
Features

The Eight Things Journalists Love and Why They Matter
Knowing how to present your article idea, pitch or press release to a journalist is the key to transforming your news into a headline. Whether you're aiming for coverage in print, online or on TV, understanding what journalists are looking for can dramatically increase your chances of getting media coverage.
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- The 'Sophisticated Insured' DefenseA 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.Read More ›
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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 ›
- Guidance on Distributions As 'Disbursements' and U.S. Trustee FeesIn a recent case from the Bankruptcy Court for the District of Delaware, In re Paragon Offshore PLC, the bankruptcy court provided guidance on whether a post-plan effective date litigation trust's distributions constituted disbursements subject to the U.S. Trustee fee "tax."Read More ›