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Strategies and Drafting Techniques for Loan Workouts and Enforcement In 2022
February 01, 2022
A series of strategies and drafting techniques relevant to commercial real estate loan workouts and enforcement. This article isn't a "how-to" primer on loan enforcement or restructuring the distressed loan, it identifies some of the current solutions and insights that have been observed, implemented and proposed during this pandemic-impacted workout cycle.
Change In ADR Provider at Issue In Event-Ticketing Fees Litigation
February 01, 2022
A new antitrust complaint over ticketing fees has been filed in the U.S. District Court for the Central District of California against Live Nation Entertainment Inc. and Ticketmaster. The plaintiffs in the newly filed suit are challenging Ticketmaster's new arbitration agreement by claiming its protocols for mass arbitrations, laid out in the rules and procedures posted to its website, require "a novel and one-sided process that is tailored to disadvantage consumers."
Sales Enablement: The Next Big Thing In Legal Services?
February 01, 2022
Sales enablement is how law firms can take control of their business development and marketing processes and improve the effectiveness of their revenue growth initiatives.
Update on Bankruptcy Appellate Practice Part Three — Finality
February 01, 2022
This installment of our appellate practice series reviews recent cases addressing the appellate jurisdiction of district courts and the courts of appeals, referred to as the "finality" doctrine.
IP News
February 01, 2022
Evolusion Concepts, Inc. v. HOC Events, Inc. Novartis Pharmaceuticals Corp. v. Accord Healthcare, Inc.
Insurance Fraud Remains Key Area of Government Focus
February 01, 2022
During the past year, there were important government reports examining the defrauding of health insurance programs, new trends and government initiatives relating to fraud, and insurance fraud cases involving significant numbers of defendants. When added together, it is not difficult to understand why insurance fraud remains such a key area of focus for government officials, carriers and attorneys.
Why Commercial Insurance Prices Are Rising
February 01, 2022
Commercial insurance prices are rising as increased costs from climate change, the supply chain crisis and inflation take hold, Westchester, a commercial property, and casualty insurance underwriter, said in a new report.
Fresh Filings
February 01, 2022
Notable court filings in entertainment law.
Bankruptcy Court Gives Pre-Petition Antitrust Claims Administrative Priority Status
February 01, 2022
The Delaware District Bankruptcy Court ruled that claims arising from pre-petition antitrust cases filed against the debtor could constitute post-petition claims entitled to administrative priority status. The court held that the public policy that favors a "fresh start" for debtors would not preclude damages from post-petition sales of products in violation of federal antitrust laws from receiving administrative expense priority.
Tenth Circuit: Government COVID Closure Orders Do Not Trigger Coverage for Loss of Business Income
February 01, 2022
In a recent case, the Tenth Circuit joined other circuits in holding that government closure orders due to the COVID-19 pandemic do not trigger insurance coverage for loss of business income, reasoning that the temporary inability to use property caused by COVID shutdown orders doesn't involve a covered physical loss of property.

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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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