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Lessons Learned Through the Patent Trial and Appeal Board's Legal Experience and Advancement Program
June 01, 2024
To help prepare practitioners for oral advocacy before the PTAB, the USPTO offers free training on all aspects of conducting arguments before the PTAB, including how to improve oral advocacy, use of demonstratives, effective use of hearing time, decorum, logistics of an oral hearing, and more.
NY Appellate Court Provides Practical Guide to Commercial Landlord's Bankruptcy Damage Claims
June 01, 2024
The Southern District of New York affirmed a bankruptcy court's holding that the statutory cap on a landlord's damage claim "applies to [its] claim against a [Chapter 11] debtor-guarantor."
Protecting Privacy and Sensitive Data In Era of Neurotechnologies
June 01, 2024
Scientists have been collecting neural data from the brain for medical reasons for years, with myriad regulatory constraints in place. But in 2024, technologies are moving fast and furiously into the realm of consumer products.
Second Circuit Holds No Special Standard for Charging Campaign Contributions As Bribes, Reinstates Charges Against Former NY Lieutenant Governor
June 01, 2024
We now have an opportunity to see whether the volume of campaign contribution bribery cases in the Second Circuit increases, and whether the government brings any cases that appear to infringe on the First Amendment interests of campaign contributors and candidates.
Real Property Law
June 01, 2024
Damage Limitation Does Not Require Dismissal of Buyer's Claim When Buyer Alleges Bad Faith Easement Not Extinguished By Adverse Possession Neighbor Required to Provide License for Construction Entitled to Full Indemnity Against Claims
Lawyers' Views on Voice Dust-Up Between Scarlett Johansson and OpenAI
June 01, 2024
Actress Scarlett Johansson has threatened the generative software company OpenAI with legal action. And intellectual property lawyers have many thoughts about who might win, whether there's even a legal claim to be made and what it all means.
What Your Clients Need to Know About Succession Planning
June 01, 2024
Business people are often confused about the differences between succession planning and exit planning. Attorneys are in the unique position of being able to guide their clients through the confusion.
Appellate Court Provides Practical Guide to Commercial Landlord's Bankruptcy Damage Claims
June 01, 2024
The court's decision, supported by a well-reasoned bankruptcy court decision, provides a helpful overview of the most recent law governing landlords' damage claims in bankruptcy cases.
U.S. Supreme Court Limits Development Impact Fees
June 01, 2024
In April, the United States Supreme Court decided Sheetz v. County of El Dorado, holding that legislatively-imposed fees on development are subject to the same constitutional scrutiny as fees imposed by administrative bodies.
Algorithms and Antitrust
June 01, 2024
The economic benefits realized from generative AI are nothing short of astounding. That is why it is so concerning that the DOJ, the FTC, and a small choir of members of Congress seem intent on regulating algorithms away from the economy on antitrust grounds.

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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