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With 'Great Resignation', Corporations Need to Prepare for the Great Investigation
January 01, 2022
Major crisis events, such as political uprisings or financial downturns, are typically followed by an increase in fraud in the business sector and heightened risk to corporate IP and other sensitive information. Anecdotally, this seems to be proving out again in the recent and ongoing fallout from the pandemic. Even before this Great Resignation movement, corporations across the globe were reporting increases in suspicious activity, data leakage, IP theft and other data risks stemming from departing employees and remote workers.
Cybersecurity and Corporate Privacy Enforcement Is Focus of Feds
January 01, 2022
It started as a hushed rumor in the beltway, then became a known fact by those going to join the administration. And now we all know: The Biden administration has brought with it a renewed focus on data privacy and cybersecurity.
'Never Trust, Always Verify': Zero Trust Security
January 01, 2022
Recognizing the ever-increasing cyber threats to businesses, government entities, and individuals, the White House announced that Federal Civilian Executive Branch agencies must migrate toward Zero Trust Cybersecurity Architecture by September 2024. Under Zero Trust, trust is the ultimate vulnerability of any system and, therefore, trust has to be eliminated from a business' cybersecurity approach.
Enforcement of Obligations Imposed In SEQRA Findings Statements
January 01, 2022
When, at the culmination of environmental review under the State Environmental Quality Review Act (SEQRA), a municipality resolves to require a developer to ameliorate environmental impacts, can anyone other than the municipality itself enforce the requirement?
Using Section 365(n) to Minimize Loss of Use of IP In Licensor Bankruptcy
January 01, 2022
This article provides an overview of Section 365 of the Bankruptcy Code, a key provision within the Code that allows a debtor to assume, assume and assign, or reject certain executory contracts and unexpired leases.
Fresh Filings
January 01, 2022
Notable court filings in entertainment law.
Landlord & Tenant Law
January 01, 2022
Nonpayment Proceeding Not Available for Use and Occupancy Questions of Fact About Whether Landlord Accepted Surrender Improper Withholding of Consent Does Not Excuse Guarantor Loft Board's Rejection of Abandonment Petition Upheld
COVID Pandemic Allows CMOs to Use Tech to Drive Firm Growth
January 01, 2022
Perhaps it was not surprising that when the pandemic hit last year, chief marketing officers and their teams were among the first included in layoffs and budget cuts. But over the last several months, a new narrative has emerged: Law firms have turned bullish toward investments in marketing and technology.
Highlight Client Service Skills In the New Year
January 01, 2022
Attorneys need their clients to see them as a trusted advisor and partner in their legal solutions. If the lawyer takes time at the beginning of the relationship to establish expectations, then future conflicts can be avoided or resolved more quickly.
Potential Criminal and Civil Penalties of Digital Asset Exchanges
January 01, 2022
This article discusses the potential criminal and civil penalties that companies can face if their employees engage in insider trading in digital assets, and suggests several measures that exchanges can take to reduce their exposure from such risks.

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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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