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Questions Surround Expanded Government Authority to Seize Russian Assets Image

Questions Surround Expanded Government Authority to Seize Russian Assets

Robert J. Anello & Richard F. Albert

The purpose behind the Biden Administration's proposals to seize assets of Russian oligarchs is to punish a specific action by a state actor — Russia's invasion of Ukraine. The proposals, however, do not appear to be limited to this conduct alone and would outlast Russia's invasion. In times of war, it at least arguably may be appropriate to pass laws to expand the executive's authority to address specific hostile conduct. Such laws, however, should end with the conflict.

Features

The FRCP Rule 9(b) Standard In False Claims Act Cases Image

The FRCP Rule 9(b) Standard In False Claims Act Cases

Michael A. Sirignano

In recent years, federal circuit courts of appeals have set forth somewhat different standards that civil FCA complaints brought by private citizens, known as relators, must meet to satisfy Rule 9(b) — especially regarding whether representative examples of allegedly fraudulent claims must be included in a complaint.

Features

Companies Need to Focus On Compliance to Protect Against Aggressive Post COVID-19 White-Collar Prosecution Image

Companies Need to Focus On Compliance to Protect Against Aggressive Post COVID-19 White-Collar Prosecution

G. Zachary Terwilliger

Consider another paradox of the post-COVID world: The pandemic that initially disrupted federal prosecution of corporations has now heightened potential exposure in a number of areas. This is especially the case for those organizations that took advantage of government aid or today struggle to navigate snarled global supply chains.

Features

Climate Change Risk and Disclosure: A New Focus for SEC Enforcement Image

Climate Change Risk and Disclosure: A New Focus for SEC Enforcement

Jacqueline C. Wolff

Given the massive amount of dollars being poured into ESG funds and the SEC's renewed focus on both the funds and the companies in the funds, there is no time like the present for companies to engage in an assessment of their climate risks and how these risks and the status of the companies' ESG goals are being relayed to investors.

Features

Commercial Real Estate Market Sees Shift Toward 'Densification' As Firms Look Long Term Image

Commercial Real Estate Market Sees Shift Toward 'Densification' As Firms Look Long Term

Jessie Yount

Real estate executives say the construction of the office of the future is well underway within the legal industry, despite a dip in leasing activity at the beginning of the year. However, there is a shift toward "densification," as firms take advantage of favorable market conditions and make longer-term commitments.

Features

Government Looking Into Insider Trading By Tipping Block Trades Image

Government Looking Into Insider Trading By Tipping Block Trades

Michael Miller & Daniel Podair

How the government might frame insider trading cases based on allegations of tipping before the execution of block trades in securities.

Features

Why Subchapter V Is More Appealing Than Chapter 11 for Small Businesses Image

Why Subchapter V Is More Appealing Than Chapter 11 for Small Businesses

By Stuart B. Newman & Steven H. Newman

The Small Business Reorganization Act created a new pathway for small businesses to remain in control of running their businesses, which is the usual reason for choosing to seek relief under Chapter 11, while eliminating many of the reasons that typical Chapter 11 proceedings exhausted the patience, and wallets, of both debtors and creditors.

Features

Individual Liability and Criminalizing Cybersecurity Response Image

Individual Liability and Criminalizing Cybersecurity Response

Jonathan S. Sack & Christopher M. Hurley

To date, cybersecurity has generally been viewed as an organizational responsibility, and data breaches similarly have been treated as organizational weaknesses or failures. Against this backdrop of organizational responsibility, the Department of Justice has brought a noteworthy criminal case against an individual for his personal response to a corporate data breach.

Features

SAG-AFTRA's Influencer Agreement and Waiver Image

SAG-AFTRA's Influencer Agreement and Waiver

Francelina M. Perdomo

For years, the legal framework governing the collaboration between influencers, advertisers and brands has been comparable to the Wild West, presenting multiple legal challenges to navigate. Influencer marketing exponentially grew when the COVID-19 pandemic drew performers to social media as the principal outlet to connect with their audience. As a result, SAG-AFTRA decided to venture into the fast-growing influencer market.

Features

California Consumer Privacy Law Cases Climbing, and Not Just In California Image

California Consumer Privacy Law Cases Climbing, and Not Just In California

Jessica Mach

Plaintiffs filed 145 lawsuits last year to enforce provisions under the CCPA, a 60% increase from 2020. Lawsuits alleging violations of the California law were also filed across the country, pending at one point in 33 courts across 20 states.

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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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