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Features

Cooperatives & Condominiums Image

Cooperatives & Condominiums

ALM Staff & Law Journal Newsletters

In-depth analysis of two major rulings.

Why Clients Fire Firms Image

Why Clients Fire Firms

Aric Press

Why are firms losing important, blue-chip clients? Let us count the ways ...

Fixed Assets Image

Fixed Assets

Michael Goldman

This article is the fifth installment in an ongoing series focusing on accounting and financial matters for corporate counsel.

Features

Lender Liability for the Acts of Settlement Agents Image

Lender Liability for the Acts of Settlement Agents

Marvin Bagwell

What happens in New York when in the absence of a CPL, the attorney to whom the lender forwarded the funds that were intended to fund a mortgage, misappropriates the lender's funds? Two cases are directly on point.

Decisions of Interest Image

Decisions of Interest

ALM Staff & Law Journal Newsletters

Analysis of recent rulings of interest.

NJ & CT News Image

NJ & CT News

ALM Staff & Law Journal Newsletters

What's happening in neighboring states.

Features

Continuing Support Obligations Image

Continuing Support Obligations

Alton L. Abramowitz, Leigh Baseheart Kahn & Atty K. Bruggemann

The message to those attempting to fix their post-divorce support obligations in a prenup negotiated and executed prior to the marriage is to be thoughtful, to be thorough, and to fully contemplate the full panoply of events that might occur between marriage and divorce to affect a party's ability to support himself or herself in the event of a divorce.

The Expert Valuation Report Image

The Expert Valuation Report

Johanne M. Floser

Determining the value of a business owned by one or both parties to a divorce is a complicated matter. Who is qualified to appraise such a business interest in the context of equitable distribution? How will the appraisal be conducted? And what can you expect to learn from the expert's report?

Features

Second Circuit Declares DOMA Unconstitutional Image

Second Circuit Declares DOMA Unconstitutional

Janice G. Inman

In June, Southern District Judge Barbara Jones had declared in <i>Windsor v. United States</i> that DOMA is an unconstitutional violation of the equal protection clause, concluding the law bore no relationship to the preservation of marriage. On Oct. 18, the Second Circuit announced its agreement.

Verdicts Image

Verdicts

ALM Staff & Law Journal Newsletters

Recent rulings of importance.

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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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