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DJK Enterprises: Prepetition Waiver of Automatic Stay In Previously Negotiated Forbearance Is Unenforceable
May 31, 2025
A recent bankruptcy court decision has added its perspective to an increasingly divergent line of case law scrutinizing the enforceability of a debtor’s prepetition waiver of the automatic stay afforded to it by Section 362(a) of the Bankruptcy Code.
DraftKings Loses Bid for Interlocutory Appeal in Lawsuit Over Use of MLB Players’ NILs
May 31, 2025
A federal judge in Pennsylvania rejected popular sports-betting platform DraftKings’ attempts to certify questions to the appellate court in a name, image and likeness (NIL) dispute with MLB Players Inc.
Supreme Court: Statements Made to FDIC Need to Be “False,” Not Just “Misleading”
May 31, 2025
This article describes the prosecution in Thompson, then turns to the Supreme Court’s rejection of the government’s contention that 18 U.S.C. §1014 criminalizes misleading as well as false statements.
Commercial Real Estate Insurance Taking More Comprehensive Approach to Risk Evaluation
May 31, 2025
The commercial property insurance industry is undergoing a dramatic shift. Gone are the days when property owners and operators could simply provide a building appraisal or portfolio valuation to an insurance broker, who would then reach out to a handful of insurance companies to obtain quotes.
Landlord & Tenant Law
May 31, 2025
Defense Due To DHCR’s Refusal to Correct Registration Mistake; Tenant’s Breach of Contract Claim Survives Motion to Dismiss; Acceptance of Surrender Does Not Relieve Tenant of Liability for Damages
How AI and Open-Source Intelligence Are Redefining Risk in Legal Operations
May 31, 2025
No longer is legal risk management confined to checklists and backward-looking assessments. AI and OSINT are enabling legal professionals to anticipate, adapt, and act with greater speed and precision. But realizing the full potential of these tools requires more than technical integration. It demands a new operational mindset — one that prioritizes intelligence, agility, and continual learning.
Fresh Filings
May 31, 2025
Notable recent court filings in entertainment law.
Real Property Law
May 31, 2025
Mutual Mistake About Ownership Does Not Defeat Cotenant’s Adverse Possession Claim; Servient Owner’s Laches Defense Reinstated In Easement Dispute; Constructive Notice Precludes Village’s Claim to Be Free of State’s Unrecorded Easement; Complaint Does Not Support Claim That Deed Was Forged
Law Firm Leasing Boomed During Q1 of 2025
May 31, 2025
Law firm leasing boomed during the first quarter of 2025, with double the volume during the same period of 2024, and 68.8% of firms chose to stay in place, a significant increase from recent years.
Managing Consumer Data In Bankruptcy Proceedings
May 31, 2025
Consumer genetics company 23andMe’s bankruptcy in late March set off a scramble among consumers to delete their personal information held by the company, driven by fears of how an acquiring party might attempt to use or monetize their data.

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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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