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Supreme Court Set to Decide On Competing Interpretations of Federal Corruption Statute Image

Supreme Court Set to Decide On Competing Interpretations of Federal Corruption Statute

Elkan Abramowitz & Jonathan Sack

In this article, we describe the competing interpretations of Section 666 and comment on the implications of a Supreme Court decision in United States v. Snyder, where it will decide whether the law criminalizes "gratuities," and not simply "bribes," given to state and local officials.

Features

'Yellowstone' Injunctions: Navigating the Wild West of Commercial Lease Disputes Image

'Yellowstone' Injunctions: Navigating the Wild West of Commercial Lease Disputes

Janet Kljyan & Charles F. Martin III

The Yellowstone injunction is implicated in nearly every lease for commercial real property in the state of New York, yet most landlords and tenants do not know what it is or how it affects them. Below is a succinct overview of its implications so that commercial landlords and tenants can better navigate lease disputes.

Features

The Role of the SEC In Cryptocurrency Regulation and Enforcement Image

The Role of the SEC In Cryptocurrency Regulation and Enforcement

Jay Dubow, Joanna Cline & Milica Krnjaja

The SEC's cryptocurrency-related actions reached a new high in 2023, jumping more than 50% when compared to 2022. We expect the SEC's enforcement efforts in this area to continue at a high pace in 2024, even though whether or not cryptocurrency should be classified as a security or something else remains uncertain.

Features

New Jersey Passes Privacy Law Image

New Jersey Passes Privacy Law

Peter Brown

The New Jersey law follows states, such as California, Texas, and Connecticut, who have enacted privacy laws, including broad laws addressing consumer data privacy, children's privacy laws, consumer health data privacy laws, and data broker laws.

Features

Are Recent Regulations Dooming Franchising? Image

Are Recent Regulations Dooming Franchising?

Marc Lieberstein & Chris Caiaccio

In 2024, franchising may need to overcome and work around the recent government regulation that goes to the very heart of the franchising relationship and the way franchise businesses operate,

Features

Third Circuit: Bankruptcy Code Mandates Appointment of Examiner In Chapter 11 Cases Image

Third Circuit: Bankruptcy Code Mandates Appointment of Examiner In Chapter 11 Cases

Francis J. Lawall & Brenden S. Dahrouge

The Third Circuit recently held in 'In re FTX Trading' that the plain text of Section 1104(c)(2) mandates the appointment of an examiner under the specified conditions set forth. As a result, the FTX decision will carry significant implications for large and medium-sized bankruptcy cases.

Features

Global Antitrust Competition Enforcers Are Back, According to Report Image

Global Antitrust Competition Enforcers Are Back, According to Report

Gail J. Cohen

Labor markets, artificial intelligence and consumer-related issues are going to be under the microscope from antitrust investigators around the globe in 2024, according to a report from Morgan, Lewis & Bockius.

Features

The New Basel Regulations Could Bite CRE Image

The New Basel Regulations Could Bite CRE

Erik Sherman

If you haven't heard of Basel III, you've got company. International banking regulations aren't typical beach reading. But some people who have been poring through these new banking regulations are not looking happy.

Features

Bankruptcy Court Ruling of Cannabis-Related Claims Not Violation of Controlled Substance Act, California District Court Rules Image

Bankruptcy Court Ruling of Cannabis-Related Claims Not Violation of Controlled Substance Act, California District Court Rules

Lawrence J. Kotler & Ryan Spengler

The Central District of California court held that a bankruptcy court's administration of cannabis-related state court claims against a debtor's estate is not a violation of the Controlled Substances Act.

Features

FTC's 'Click to Cancel' Rule Could Cost $2.7 Billion for Businesses Image

FTC's 'Click to Cancel' Rule Could Cost $2.7 Billion for Businesses

Maydeen Merino

The FTC's proposed click to cancel rule amendments would impose a one-time cost of $2.7 billion on businesses and have an annual effect on the national economy of at least $100 million, according to an economic report by the online advertising industry's association.

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    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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