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SEC Sued Over Private Fund Adviser Rule
October 01, 2023
The Managed Funds Association and five other industry groups have sued the SEC over its new private fund advisers rule, saying the agency has overreached its statutory authority and interferes with contracts.
The Complex Relationship Between Real Estate and Technology
October 01, 2023
In place of the common assumption from the COVID years that real estate and technology spending were inversely related, it's becoming increasingly clear that the two line items — which trail only talent on the overall cost hierarchy — have a more complex relationship.
Trade Secret Protection for Consumer-Facing Products
October 01, 2023
Intellectual property laws, including copyright, patent, trademark and trade secret laws can provide avenues for companies to protect their IP. But it's not always clear what assets are protectable and what are not.
Co-ops and Condominiums
October 01, 2023
Condominium's Delay Constituted Acceptance of Alteration Agreement
Online Extra: AI Copyright — Ethical and Legal Considerations for Marketing and Sales
October 01, 2023
Standing still and waiting to take action wasn't easy, but the patience paid off. Now, I understand some of AI's limitations and ways to leverage it to propel marketing and sales activities.
Upcoming Events
October 01, 2023
National Conference of Personal Managers Interchange 2023 33rd Annual Entertainment Law Institute
Second Department Rules That Cooperative Apartment Owners' Rights Are Precarious
September 01, 2023
On June 14, 2023, the Second Department decided Walsh v Ocwen Loan Servicing. The court, with little fanfare, appeared to rule that cooperative apartment owners are saddled with an unavoidable risk of loss. That is, if a lender alleges that the owners have defaulted, and then conducts a nonjudicial foreclosure sale, the former owners are left with few remedies.
Co-ops and Condominiums
September 01, 2023
Co-Op Purchaser Not Entitled to Cancel Contract Stipulation of Settlement Did Not Foreclose Warranty of Habitability Claim Questions of Fact About Mitchell-Lama Succession Rights
Eminent Domain Law
September 01, 2023
Taking Was for a Public Purpose and Failure to Comply With Public Hearing Requirement Did Not Invalidate Taking
Development
September 01, 2023
Fact Questions About Expansion of Nonconforming Use Subdivision Improperly Classified As Type II Action Under SEQRA ZBA Entitled to Approve Permit for Building Larger Than One Depicted In Approved Site Plan

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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