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First Modifications Since 2001 Considered for UCC Article 9
Part One of this article addressed items on the Article 9 Joint Review Committee's agenda, including naming issues and transmitting utilities. This second installment discusses forms of initial financing statements and amendments, correction statements, control of deposit accounts, intangibles, and the <i>Commercial Money Center</i> and <i>Highland Capital</i> cases.
Commercial Lessors and Ontario's New Motor Vehicle Sales and Dealership Act
On Jan. 1, 2010, the long-awaited Ontario Motor Vehicle Dealers Act, 2002 and its two Regulations will come into force. The impact of this legislation is far-reaching to any person who sells, leases, or finances motor vehicles (consumer or commercial) in the Province of Ontario.
Landlord & Tenant
In-depth analysis of recent rulings.
Index
A complete and comprehensive listing of what's contained in this month's issue.
Democratizing the Social Networks
Social networking Web sites are hubs of information. Information about our daily activities, the people we know and the people they know. But as these hubs become more than just a virtual place for the global community to link to friends and post "what you are doing right now," we are confronted with fascinating new questions about how we define personal space, disclosures, and express preferences about our own content.
The Leasing Hotline
Recent cases of interest to you and your practice.
President Obama and Sustainability
The election of Barack Obama as president of the United States has many historic overtones. However, with an economic recession that is just as historic, a real estate industry in near freefall and a country questioning its energy sources and uses, how will Obama's policies impact commercial construction projects over the next several years?
Who Is Master of a Master Lease?
During the recent cycle of real estate financings, a popular structure emerged to segregate the real estate assets from the operating assets of a company. The structure became commonly known as an Opco/Propco transaction.
In the Spotlight: Bankruptcy Strategies for Commercial Landlords, Tenants, Lenders, and Real Estate Investors
This is the second in a series dealing with the subject of bankruptcy strategies and considerations for commercial landlords, tenants, lenders and real estate investors. These alerts are intended to highlight for our readers some of the key issues they should consider in connection with the subjects discussed.
Real Estate Downturn Causes Lawyers to Adapt
Now faced with such a dramatic and sudden change, real estate attorneys are left wondering what to do. The transactional practice that was so good to so many for so long is no longer there. A look at how these attorneys can redirect the focus of their practices to adapt to the changing times.

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  • 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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