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Commercial Law

  • Many observers expected the Obama Administration, with the support of Democratic majorities in both houses of Congress, to advocate new legislation and Executive Orders that favored unions and expanded the scope of employment discrimination laws. This article examines Executive Orders that have been signed and proposed legislation that has been introduced since President Obama's inauguration.

    May 27, 2009R. Michael Smith
  • The state of legal affairs for gay, lesbian, bisexual and transgendered (GLBT) issues across the county provides for a rapidly changing legal landscape. Getting personal and political about same-sex marriage is now becoming a recurrent experience ' all well-timed in light of the pending arguments and recent decisions coming from courts and legislatures across the states.

    May 26, 2009Elizabeth J. Berns
  • The tension between the salutary purposes of the Hatch-Waxman Act (low-cost drugs widely and quickly available to patients) and the necessity to change label warnings when science or adverse event reports show a newly appreciated risk, presents a Hobson's choice to generic drug companies, complicated by the FDA's own interpretation of its CBE regulations as inapplicable to them.

    May 26, 2009Sharon Caffrey, Alan Klein and Paul M. da Costa
  • With so many vacancies popping up in shopping centers around the country, landlords are willing to entertain creative solutions to placing tenants in these empty spaces. However, before signing the leases and dropping off the keys, landlords should make certain they follow some very simple procedures and perform routine due diligence.

    May 26, 2009Ira Fierstein
  • Retail landlords know a tenant is in trouble when rent payments are late or cease altogether, when the tenant's store is not well stocked with new merchandise, or when the physical condition of the store deteriorates. Retail tenants know that a shopping center is in trouble when an increasing number of stores are dark, or the maintenance of the common areas or other services have declined. Here's what to do.

    May 26, 2009M. Rosie Rees
  • If you are a tenant that is leasing properties at numerous locations, it would be an especially prudent business practice to take a careful look at all of your leases and operating expense invoices to determine if there are any opportunities to generate savings.

    May 26, 2009Mark Morfopolous
  • A computer forensic analysis reveals that the employee has accessed his personal Web-based e-mail account from his company computer and that his log-in information (username and password) has been recovered from the computer's memory. Can you log in to the account and read his personal e-mail?

    May 26, 2009Marjorie J. Peerce and Daniel V. Shapiro
  • Rare is the white-collar case today where an expert witness does not play a powerful role. But the vagueness in expert disclosure rules in criminal cases can lead unwary defense counsel to forfeit an expert entirely.

    May 26, 2009Jodi Misher Peikin and James R. Stovall
  • Lawyers representing directors and officers of IndyMac Bancorp Inc. are attempting to remove a cap on their billing rates, the latest example of how judges are scrutinizing hourly fees in large bankruptcies.

    May 26, 2009Amanda Bronstad