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Bankruptcy Code Can Present Significant Risks to Lenders
February 01, 2025
This article discusses two situations where a lender received payments and later was forced to disgorge them. These opinions illustrate two of the ways the bankruptcy code can present significant risks to lenders even after the lender receives payments in accordance with loan agreements or even a court order.
Landlord & Tenant Law
February 01, 2025
Yellowstone Injunction Denied Because Failure to Procure Insurance Is an Incurable DefaultLandlord Bound By Agreement Setting Market Rent At Pandemic Levels
Mitigating AI Risk In Light of Increasing Regulatory and Shareholder Scrutiny
February 01, 2025
Driven by promises of increased efficiency and innovation, companies spanning a wide variety of industries are rapidly adopting and investing in artificial intelligence (AI). The explosion of interest in AI has also spurred the attention of the SEC and private shareholder plaintiffs. Companies should continue to closely consider their public statements related to AI and implement appropriate precautions when discussing their AI initiatives.
Berry Bad Outcomes: Millions at Stake for Dewberry Group, Inc.
February 01, 2025
Last June, the U.S. Supreme Court granted certiorari to decide a $43 million suit between two real estate developers over the name “Dewberry.” The crux of the case once it reached SCOTUS is the extent to which courts can award the profits, not of the named defendant, but of the defendant’s affiliate for trademark infringement.
Lateral Partner Integration Processes, Challenges and Solutions
February 01, 2025
How can law firms improve success with retaining lateral hires? Tips and shared advice from legal integration professionals.
Best Practices for AI Compliance and Security
February 01, 2025
Creating new forms of artificial intelligence may be a great leap forward, but controlling them can be a stumbling block for businesses and government agencies alike.
A Look At Partial Deal In Music Publishers’ Lyrics Infringement Suit Against AI Company Anthropic
February 01, 2025
A partial agreement that music publishers reached with Anthropic PBC requires the Amazon-backed artificial intelligence company to implement “guardrails” around its use of copyrighted song lyrics to train its flagship product Claude.
Pragmatic Post-Purdue Approach Behind NJ’s Rise As Strong Venue Option for Chapter 11 Cases
February 01, 2025
The Chapter 11 filing statistics clearly show that New Jersey has emerged as a strong venue option. The question is why? The answer, we submit, is consistency and pragmatism.
Revolutionizing Workplace Design: A Perspective from Gray Reed’s Facilities Leader
February 01, 2025
Across the industry, law firms are reevaluating their office spaces to adapt to hybrid work models, prioritize collaboration, and enhance employee experience. Trends such as flexible seating, technology-driven planning, and the creation of multifunctional spaces are shaping the future of law firm offices.
Gen Z’s Tech Familiarity Seen As Asset for Law Firm Retention and Recruiting
February 01, 2025
With a greater number of older attorneys expected to age out of the profession and succession planning earning an increased focus in the legal world, law firms will need to ramp up talent recruitment and retention, and observers envision Gen Z attorneys, with their heightened familiarity with technology, as a particularly critical asset.

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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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