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Predicting What 2022 Holds for Cybersecurity
January 01, 2022
Predictions aside, complacency is not an option if you plan to survive and thrive in 2022. Rest assured, the future of cybersecurity is bright, but it will come with its own set of challenges. We look forward into the future because the sooner we can start adapting strategy, policies, and technologies, the better off everyone will be in the long run.
California Appeals Court Rules on Anti-SLAPP Motion In Battle Over Dueling TV Show Proposals
January 01, 2022
State "anti-SLAPP" statutes offer a fertile avenue for motions to strike allegations in lawsuits filed over expressive content. These laws are aimed at allowing a defendant to file a motion to strike a "Strategic Lawsuit Against Public Participation," such as those based on public comments and content issued by a defendant. The most-recent significant anti-SLAPP court decision involving the entertainment industry was issued in December 2021 by the California Court of Appeal.
How §365(n) Can Help Licensees When Licensors File for Bankruptcy
January 01, 2022
This article seeks to explain the scope of §365(n), then touches upon steps that intellectual property licensees can take to minimize the loss of the use of their licenses, such as those involving copyrights in entertainment content, in the event a licensor files for bankruptcy.
What Does Life Look Like for PR Post-COVID?
January 01, 2022
There was no shortage of COVID-related PR opportunities having an impact on practice groups across the board, from real estate to bankruptcy to employment and more. This wave started in 2020 and continued well into 2021. Once the pandemic does finally fade from our lives, what will the new normal for legal PR look like?
Biometric Privacy: A Year In Review (2021) and The Year Ahead (2022)
January 01, 2022
The year started with Portland, Oregon's ban on the use of facial recognition technology by private entities in places of "public" accommodation. It concluded with the rendering of important appellate decisions on the Illinois Biometric Information Privacy Act. In the middle, was the continued flurry of litigation, class action settlements, and legislative activity.
Tax Implications of Budget Reconciliation Bill
January 01, 2022
In this two-part article, we look at the proposed tax law changes in the budget reconciliation bill — the major legislation in 2021.
COVID-19 and Lease Negotiations: Early Termination Provisions
January 01, 2022
During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.
Update on Bankruptcy Appellate Practice: Part Two — Equitable Mootness
January 01, 2022
This installment of our appellate practice series reviews recent cases addressing the equitable mootness doctrine. The issue ultimately often turns on whether it is practical and fair for an appellate court to review an appeal on the merits, enabling that court to avoid review altogether.
Cybersecurity and Legal Tech In 2022: Predictions from the Field
January 01, 2022
It's still a dangerous cyber world as we enter 2022, but one that today's attorneys and legal technologists are prepared to tackle. Here's what they predict for cybersecurity, remote work, privacy and e-discovery in the new year.
Miramax's NFT Suit Over Pulp Fiction
January 01, 2022
The Miramax film and tv studio, and its lawyers at Proskauer Rose, shook up both the IP and blockchain communities recently when Miramax sued to block film director Quentin Tarantino from selling non-fungible tokens (NFTs) of memorabilia from his 1994 blockbuster movie Pulp Fiction.

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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