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Real Property Law
December 23, 2024
Questions of Fact About Compliance With Mortgage Contingency ClauseMortgagee Who Purchased At Foreclosure Sale Failed to Establish Bona Fide Purchaser StatusSupreme Court Was Premature In Holding That Option Violated Rule Against Perpetuities
Development
December 23, 2024
Developer’s Taking Claims Survive Motion to DismissDEC Incorrectly Granted Permit to Expand Nonconforming Mining UseMemorandum of Understanding Not Binding on Subsequent Town Board
City of Yes: Housing Opportunity — A Little Bit Of Everything, Everywhere
December 23, 2024
New York City’s recently adopted City of Yes for Housing Opportunity (CHO) represents the most significant overhaul of residential zoning regulations in decades. The interplay between existing procedures and new provisions will likely generate significant interpretive questions and litigation as developers seek to take advantage of these opportunities.
BONUS CONTENT: High Court May Limit the Reach of the Wire Fraud Statute: Post-Argument Update
December 17, 2024
A follow up to the article on a briefing in 'Kousisis v. United States' before the U.S. Supreme Court that considers the viability of the fraudulent inducement theory. Arguments before the Court took place on Dec. 9, and the authors provide an update.
Live Streaming Accelerates Business Growth
December 10, 2024
Live streaming has evolved significantly and is a widespread phenomenon for retail, gaming, and influencers but is now providing competitive advantages for leading accounting, management consulting, and other professional services firms and B-to-B companies looking to build their brands and increase business.
Copyright Cases Roundup
December 04, 2024
A roundup of recent cases in entertainment-related copyrights.
AI Poisoning: A Self Help Cybersecurity Option
December 02, 2024
A novel legal self-help technique to secure artificial intelligence data and programs is known as Poisoning AI. This technique involves modifying the AI algorithm to intentionally produce specific erroneous results.
Life, Liberty, and the Pursuit of Customers: Developments on ‘Conquesting’ from the Ninth Circuit
December 01, 2024
In a recent decision, the U.S. Court of Appeals for the Ninth Circuit addressed the issue of whether purchasing market competitors’ search engine keyword terms, known as “conquesting,” constitutes trademark infringement.
DOJ Issues New Rule Regulating Handling of Bulk Sensitive Personal Data
December 01, 2024
The DOJ has proposed a rule that would regulate certain transactions involving bulk sensitive personal data. The rule would implement a complex regulatory framework, with civil and criminal enforcement, that is similar to sanctions and export licensing regimes. It also implicates federal cybersecurity requirements, government contracting and CFIUS actions.
Adapting for Success: Strategic Insights for Law Firms in 2025 and Beyond
December 01, 2024
The legal industry is at an inflection point, grappling with challenges that range from rising client demands to technological disruption. There are five critical areas where firms can take a proactive, strategic approach, including actionable insights and recommendations for navigating 2025 and beyond.

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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