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Pleading Alter Ego Liability In Commercial Lease Disputes
December 01, 2021
The COVID-19 pandemic has challenged commercial landlords to rely on various legal theories to protect their legitimate rights. As federal, state and local governments enact laws to protect tenants from evictions and/or the enforcement of personal lease guarantees, a landlord's counsel must seek avenues to press its clients' rights against any entity who may be liable for outstanding rent arrears due and owing under a commercial lease.
State Attorneys General Issue Support for Bankruptcy Venue Reform Legislation
December 01, 2021
Attorneys general from 41 states, along with Puerto Rico and Guam, have issued a statement in support of legislation before Congress geared toward stopping corporations from venue-shopping bankruptcy cases.
Report: Talent War Heating Up to 'Boiling Point'
December 01, 2021
Law firms are paying more for talent than ever before. But like other industries that've been hit by a so-called "Great Resignation," they're also hemorrhaging it like never before, and the result is a diminished return on investment that could reach a "boiling point" in the near future.
Implications of Second Circuit Ruling on Fugitive Disentitlement
December 01, 2021
Historically, the "fugitive disentitlement" doctrine has foreclosed challenges to criminal charges by a defendant who does not physically submit to a U.S. court's jurisdiction. As a consequence, to make even threshold challenges to an indictment, a defendant who lives abroad must leave home, waive the right to oppose extradition, and risk pre-trial detention in the United States.
Five Things Law Firm Leaders Need To Do As People Return to the Office
December 01, 2021
While we all look forward to returning to normal, the normal we left in early 2020 remains elusive. For those who are leading teams (such as executive committees, practice and industry groups, client teams, administrative departments, and firm committees), the struggle is more complex.
Lateral Market for Bankruptcy Lawyers Not Stifled By Chapter 11 Slowdown
December 01, 2021
After a year filled with filings, commercial Chapter 11 bankruptcies fell off a cliff in 2021, causing bankruptcy lawyers to work on out-of-court restructurings or pivot to practices with overlapping skills such as real estate and commercial litigation.
The Pandemic Job Market, Part 2: From Pandemonium to Institutional Recalibration
November 01, 2021
The second part of our analysis of complexities of staffing in a post-pandemic job market in the data privacy, cybersecurity, and e-discovery/legal technology verticals covers all the hiring trends in Q3 2021 as well as what is coming in Q4 and beyond.
The Anatomy of a Cyberattack: Step-by-Step
November 01, 2021
This article looks at each stage of a cyberattack, by way of a fictitious attack that took over a real estate agent's email account.
Cybersecurity Awareness Must Extend Beyond the 'Month'
November 01, 2021
For all of that is created and consumed during October's Cybersecurity Month, it is disappointing to see how each year after all the thoughts have been shared, major security incidents continue to emerge. We need to begin to take stock of all the advice given during this month and put it to immediate practice.
Right of Publicity Case Roundup
November 01, 2021
Several recent court rulings aptly demonstrate how the right of publicity continues to be a vital cutting-edge area of celebrity law.

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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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