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Privilege in Public Relations: Can Clients Protect Communications Between Their Lawyers and PR Firms?
May 01, 2024
Because PR firms may be considered third parties for privilege purposes, it is crucial that communications between a company's counsel and its PR firm are handled with care to avoid waiving the attorney-client privilege.
Court Caps Landlord's Bankruptcy Claim Against Lease Guarantor
May 01, 2024
A big issue in real estate and retail bankruptcies, among others, involves the disposition of commercial real estate leases, given the potential magnitude of landlord damage claims under state law resulting from a tenant's default under a long-term lease.
When Is A Pretext By A Municipality A Bar To Land Use Approvals?
May 01, 2024
Recently, there have been several instances in which municipalities have been challenged by property owners claiming that the municipal boards have utilized delaying tactics and other actions as a pretext to prevent development of their properties.
Prospective Partners Ask Small and Midsized Firms Tough Questions About Succession
May 01, 2024
Do Their Chief Finance Professionals Have Good Answers? Many senior associates want to know whether the firm is well-positioned financially to grow and prosper when the current generation of senior partners retires. To get the information they need to value an investment in the firm, they turn to its finance professional.
NIL Regulation: Can the NCAA Recover and Advance Its Own Fumble?
May 01, 2024
With a view toward injecting some modicum of clarity into the volatile arena of NIL, a plethora of legislation has been enacted at the state level and proposed at the federal level.
Emerging Legal Terrain: IP Risks from AI's Role In Drug Discovery
May 01, 2024
This article explores the benefits and risks of AI-driven drug discovery from the legal perspective. Since the law governing IP rights in AI-driven drug discovery is still in its infant state, any future legal development is likely to have significant implications in many areas.
Using Collaborative Content Development Highlights Lawyers Expertise
May 01, 2024
The goal of a collaborative content approach is to fill resource gaps in the content process, from concept through creation to publication or release, so that more and better content gets to the right audiences.
LLM Customization With A Path to Human Inventorship and Patent Rights
May 01, 2024
A statutory predicate to the contractual outcome regarding ownership of patent rights is the requirement of a sufficient contribution by a natural person in the effort that yielded the output. The issues implicated by this requirement are one development among more to come as patent law and policy try to catch up to proliferating AI technology.
Court of Appeals Addresses Pretext By Municipalities As A Bar to Land Use Approvals?
May 01, 2024
Recently, there have been several instances in which municipalities have been challenged by property owners claiming that the municipal boards have utilized delaying tactics and other actions as a pretext to prevent development of their properties.
Co-Ops and Condominiums
May 01, 2024
Housing Discrimination Claim Dismissed Co-Op Did Not Breach Shareholder's Guaranty Agreement Co-Op Not Exempt from Lead Paint Mandate

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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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