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Chapter 13<br><b><i><font="-1">Best Practices in Credit Reporting</b></i></font>
There is a new trend emerging in FCRA litigation involving Chapter 13 bankruptcy, under which debtors propose a repayment plan to make installment payments to creditors over three to five years. Increasingly, plaintiffs are filing suit based on certain credit-reporting actions taken (or not taken) during a pending Chapter 13 bankruptcy case, after plan confirmation but prior to the entry of the discharge — when a debtor has met all requirements set by the court.
Application of Bankruptcy Law to Internet Assets
Internet assets generally, and Internet asset licenses in particular, are increasingly subject to bankruptcy proceedings.
The 'Soft Underbelly' of Cybersecurity Meets Legal Ethics
Legal departments for business organizations rate cybersecurity, regulation and ethics compliance among their chief concerns, and they are well aware of surveys showing law firms to be the "soft underbelly" of business security due to weakness of their cybersecurity.
Where Does Judge Gorsuch Fall on IP?
<b><i>The SCOTUS Nominee's Opinions Don't Appear to Favor Alleged Intellectual Property Infringers or Owners</b></i><br>Over the 10 years that he has served on the U.S. Court of Appeals for the Tenth Circuit, Gorsuch's decisions in intellectual property disputes have reflected a close attention to statutory text and a preference for narrow results that hew closely to precedent.
What Constitutes 'Proper' Notice?
Proper notice is a hallmark of all bankruptcy proceedings. If a creditor or party-in-interest has no notice of a particular matter, many courts have ruled that the creditor or party-in-interest will not be bound by a particular court's determination.
Landlord Solutions For Avoiding Uncertainty
<b><i>Key Considerations When Negotiating Personal Guarantees to Commercial Real Estate Leases</b></i><br>In today's commercial real estate market, uncertainty is about the only real thing that is certain. In this period of flux, where landlords no longer enjoy the same position of strength and leverage they once had over prospective tenants, it is critical to try and negotiate independent guarantees that best suit each particular deal and (hopefully) hedge against the downside of a potential tenant default and resulting litigation.
Data Breaches by Employees<br><b><i><font="-1">How to Keep Your Company Out of the Headlines</b></i></font>
The more we understand about how data breach incidents originate and propagate, the more likely we are to shift focus from outsider hackers to insider (employee) threats. Insider threats can be malicious, but often they are accidental.
Lohan, Mob Wives Right of Publicity Suits to Be Heard By NY Apps. Ct.
New York state's highest court has granted leave to appeal to actress Lindsay Lohan and former reality television star Karen Gravano in their suits over alleged misappropriations of their likenesses in the video game <i>Grand Theft Auto V</i>.
The Results Don't Lie: Mattern & Associates Cost Recovery Survey 2016
2017 has arrived with a bang: expenses are back on the rise and demand growth is trending negative. Last year in the March issue of this publication, we hypothesized what the results of the 2016 Mattern & Associates Cost Recovery Survey would reveal. With the results tabulated, let's see how accurate our predictions were as well as analyze the results.
In the Courts
The Fifth Circuit recently clarified the Anti-Kickback Act. Here's an analysis of the ruling.

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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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