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Regulation

Features

Can Regulation Provide Stability Through 'Cryptocurrency Winter'? Image

Can Regulation Provide Stability Through 'Cryptocurrency Winter'?

Sean J. Coughlin & Vivian B. Isaboke

It comes as no surprise as we enter the second half of the year that the crypto winter has reinforced the perception of critics that digital currencies are "risky, flawed and unproven digital financial instruments." This article examines the impact of cybercrimes and crypto bankruptcies on the current market.

Features

The Selective Prosecution Defense Image

The Selective Prosecution Defense

Evan T. Barr

This article explores the law on selective prosecution and why, despite the long odds against success, it may still make sense from a defense perspective to assert the claim.

Features

NY's Guaranty Law Adds to Uncertainty for Both Landlords and Tenants Image

NY's Guaranty Law Adds to Uncertainty for Both Landlords and Tenants

Joshua Kopelowitz & Matthew J. Schenker

A wave of legislation designed to aid tenants during the COVID-19 pandemic has had an outsized effect on commercial landlord-tenant relations in New York City.

Features

FTC Looks to Focus On Data Privacy and Competition Image

FTC Looks to Focus On Data Privacy and Competition

Isha Marathe

The Federal Trade Commission, under its current chairperson Lina Khan, has released a flurry of press releases and blogs in recent months signaling at a focused commercial surveillance "crackdown."

Features

Former SEC Lawyers Dominate Payouts Under Agency's Whistleblower Program, Study Finds Image

Former SEC Lawyers Dominate Payouts Under Agency's Whistleblower Program, Study Finds

Andrew Goudsward

The U.S. Securities and Exchange Commission's widely hailed whistleblower program has paid millions in recent years to former SEC lawyers who have come to dominate the market for representing tipsters seeking payouts through the program, a new study found.

Features

The Federal Reserve Publishes Policy on CRE Loan Accommodations and Workouts Image

The Federal Reserve Publishes Policy on CRE Loan Accommodations and Workouts

Erik Sherman

Many in commercial real estate, especially relatively new to the industry and without extensive previous experience, are making use of leverage in ways that are problematic under the higher interest rates the Fed has instigated to head off inflation.

Columns & Departments

Upcoming Webinar Image

Upcoming Webinar

ssalkin

Join Board of Editors member Jacqueline Wolff and David Smith of Manatt, Phelps & Phillips on Oct. 13 as they delve into the new SEC disclosure rules on climate change risks.

Features

The Regulators Are at the Gates: Significant New AML Legislation Nears Passage Image

The Regulators Are at the Gates: Significant New AML Legislation Nears Passage

Patrick T. Campbell, Jonathan B. New & Francesca A. Rogo

Over the past few years, Congress and law enforcement have notably increased their scrutiny of companies' anti-money laundering compliance, and it appears that Congress is not yet finished with its drive for additional legislation and regulation.

Features

Update On Preference and Fraudulent Transfer Litigation Image

Update On Preference and Fraudulent Transfer Litigation

Michael L. Cook

The appellate courts have been busy explaining or clarifying preference and fraudulent transfer law. Although novices may think the Bankruptcy Code (Code) is clear on its face, imaginative counsel have found gaps in the statute and generated rafts of litigation since the Code's enactment in 1979. Recent appellate decisions, summarized below, show that courts are still making new law or refining prior case law.

Features

New Securities Suits Up Slightly, Despite Stock Drops Image

New Securities Suits Up Slightly, Despite Stock Drops

Ross Todd

Given the recent stock market carnage, one might expect that the courts were flooded with a fresh batch of securities suits. Stock drops, after all, are one necessary ingredient of stock drop suits. But according to Cornerstone Research's mid-year assessment of new filings, the number of new class action securities cases filed in the first half ticked up only slightly compared to the first half of 2021.

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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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