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The 'Death Spiral' of Malls
It's impossible not to notice the vacancies when walking into a shopping mall in the United States. To stem the tide, certain mall owners in high-profile bankruptcy cases have addressed the retail bankruptcy trend in a unique and (virtually) unprecedented way.
Split Ninth Circuit Requires Default Interest To Cure Default
A Chapter 11 debtor "cannot nullify a preexisting obligation in a loan agreement to pay post-default interest solely by proposing a cure," held a split panel of the U.S. Court of Appeals for the Ninth Circuit on Nov. 4, 2016.
<i>Sales Speak</i><br>Business Development Best Practices: Client Teams
All about Client Teams and how to make them work to your advantage.
The Meaning of 'Sex'<br><i><font size="-1">LGBTQ Rights Under the Legal Microsope</i><br><i>Part Two of a Two-Part Article</font></i>
The Supreme Court's decision in <i>Gloucester County School Board v. G.G.</i> is likely to have a significant impact on federal workplace discrimination laws, despite the fact that the case does not implicate the employment relationship, or involve employment law.
How Should Noise Ordinance Be Applied to This Music Venue?
Noise ordinances are often the bane of live performances venues. A jazz brunch in Miami Beach has sparked litigation between the city and a cafe owner with an interesting twist over the constitutionality of the city's noise ordinance.
Search Warrants for IoT Data Spur Legal, Privacy Complications
<b><i><font size="-1"> Law Enforcement Attempts to Access Amazon Echo Raise Questions over the Viability of IoT Data in Investigations and the Vulnerability of Private Information</b></i></font><p>A case surrounding a mysterious death in a Benton County, AR, has far-reaching implications for the ownership and privacy of data generated from Internet-connected devices.
Development
Discussion of four key cases.
<font size="-1"><i>At the Intersection</i></font><br>Lawyers Are Ignoring A Vital Business Development Tool
When we teach and discuss Legal Project Management (LPM), we stress that the last of LPM's five basic steps, Post Project Review, not only is every bit as essential as the first four steps, it can be an extraordinarily powerful business development lever, as well.
Amending Patent Claims in Post-Grant Trial Proceedings
<b><i>What You Need to Know</i></b><br>The America Invents Act gave patent owners the right to move to amend their patent claims. To date, however, this right has been more illusory than real. Given their dismal success rate so far, many hope that the tide will turn in favor of granting more motions to amend.
The Evolution of the 'Virtual Law Firm'
<b><i>Though “Virtual Firms” Are on the Decline, Cloud Technology May Be Shifting the Model to Refocus on Lawyer Mobility</i></b><p>While the "virtual lawyer" may be on the decline, the technology making law practices more portable and potentially more efficient has seen a surge. The rise of cloud computing in particular has made it possible for attorneys to keep all the technology tools they need to practice on hand at all times and eschew direct client contact and office space if so desired.

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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