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Gen-AI Created Influencers Bring New Marketing Risks
June 01, 2024
A steep rise in the use of GenAI and computer-generated influencers brings with it new marketing risks and considerations for celebrities, influencers, and businesses alike.
Co-ops and Condominiums
June 01, 2024
Unit Owner's Claim Against Condo Board for Inaction Survives Summary Judgment Motion
U.S. Supreme Court Decides Copyright Damages-Lookback Issue But Not Discovery-of-Infringement Rule
June 01, 2024
In a 6-3 majority decision, the U.S. Supreme Court has resolved a copyright question that generated conflicting results in the U.S. Courts of Appeal for years. But as a forceful dissent pointed out, the court left open a more fundamental issue that could render the entire question moot.
IRS Keeps Hold On Employee Retention Credit Claims to Protect Small Businesses from Fraud
June 01, 2024
While the IRS has new ERC claims on pause and works to investigate possible fraud, business owners still have the opportunity to protect themselves from potential civil and criminal penalties.
Determining the Indubitable Equivalent of A Bankruptcy Claim
June 01, 2024
One aspect of the dispute in interpreting clauses in an agreement from a financial point of view, and one with significant consequences, centered around the term indubitable equivalent value for a Class 5 creditor in the context of a debtor's fifth amended Chapter 11 plan and objection to confirmation filed by creditor. The U.S. Bankruptcy Court, Middle District of Florida, Jacksonville Division opined on that issue.
What Effective Cooperation With the SEC Looks Like, According to SEC Enforcement Director 
June 01, 2024
Companies should be going above and beyond what's legally required to earn leniency from the SEC, its top enforcement official said at a gathering of white collar defense attorneys and in-house counsel
Latest California Privacy Rules Draw Criticism from All Sides
June 01, 2024
Business, labor and consumer interests expressed sharply differing views at a public forum last month over proposed California rules that would govern how companies use customers' personal information for anything from hiring decisions to advertising.
Navigating Election Year PR Opportunities for Law Firms
June 01, 2024
Law firms, regardless of location or specialization, have an opportunity to leverage the political landscape to amplify visibility and engage relevant practice areas during an election year. But there are risks as well.
Protection for Confidential Business Information In a Changing Non-Compete Landscape
June 01, 2024
While reasonable post-employment restrictions remain enforceable (at least in the context of confidential information), the increased hostility to them has revived interest in the use of other legal protections for proprietary business materials.
Development
June 01, 2024
Constitutionality of Boarding House Definition Town's Use of Escrow Funds Upheld Planning Board Failed to Consider Public Safety Issue Denial of Special Permit Upheld Due to Traffic Concerns Questions of Fact About Whether Agreement Included Acquisition of Air Rights Zoning Amendment Not Arbitrary Even If It Would Authorize Uses Prohibited By Restrictive Covenants

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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