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Landlord Liable for Retaliating Against Maker of False Discrimination Claim
July 01, 2024
What responses are available to a landlord after a false claim of discrimination? The Court of Appeals faced that issue and held that a landlord may not seek to recover the damages it has suffered as a result of a false discrimination claim, so long as the claim was made in good faith.
Supreme Court's Rejection of Purdue Pharma Settlement Redefines Releases In Chapter 11
July 01, 2024
The U.S. Supreme Court has issued its most anticipated bankruptcy decision in recent memory. In a 5-4 decision entered June 27, the Supreme Court struck down the nonconsensual third-party releases. Writing for the Court, Justice Neil Gorsuch ruled that nothing in the Bankruptcy Code authorized the nonconsensual release or discharge of claims of opioid victims against the Sacklers, who were not debtors themselves.
Leveraging Law Firm KPIs for Success
July 01, 2024
Measurement is an essential management tool for law firms to monitor performance, manage resources, and highlight areas that need improvement. Utilizing Key Performance Indicators (KPIs) in a law firm is crucial for evaluating performance, profitability, client satisfaction, and overall success.
Hope for 'Spotify Model' for Licensing Content for AI
July 01, 2024
A "Spotify model" of licensing, regulation and royalties could be the answer to the recent slew of lawsuits and future litigation relating to generative artificial intelligence defined by rampant misappropriation of name, image and likeness of individuals, including high-profile celebrities.
Navigating the Intersections of Commercial Real Estate and Eminent Domain Actions
July 01, 2024
For real estate attorneys, knowing how to navigate around eminent domain actions in the midst of various transactions and operations is critical to best position clients for the future condemnation conundrum.
Development
July 01, 2024
ZBA Adequately Explains Reversal of Condition Imposed on Variance Mandamus Does Not Lie to Compel Change In Zoning Designation
The State of Supreme Court Jurisprudence On Public Corruption
July 01, 2024
In the past decade, each time the Supreme Court has taken certiorari in a public corruption case, the court has reversed trial convictions and limited the types of conduct that constitute a federal bribery offense.
Patent Your Trade Secrets In Wake of Noncompete Ban
July 01, 2024
While it may be growing more difficult to protect business information with the FTC's noncompete ban, patents can provide strong protection over technical innovations, regardless of whether the inventor stays with the company or leaves.
New Blockchain Domain Developments for Brand Owners
July 01, 2024
This article explores the issues associated with trademark protection in blockchain domain names and examines new steps and policies that blockchain domain registrars should implement to safeguard brand owners.
5 Ways AI Strengthens Client Relationships and Revenue Generation
July 01, 2024
Maintaining consistent communication with clients can be time-consuming for most law firm professionals. Because balancing this task with other competing responsibilities becomes challenging, the time has never been better for firms to start introducing technology, like AI, to improve their overall business.

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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