Commercial Law

Spoliation in the context of a medical malpractice case can raise many issues for lawyers representing doctors and hospitals. These issues can often be overlooked until it is too late to repair the damage done.

The U.S. District Court for the Southern District of New York decided that The Rolling Stones' tour management company didn't breach the exclusivity terms of an agreement for use of Stones intellectual properties in conjunction with the planned development of a limited-edition Blackberry smartphone

Congress recently enacted the ADA Amendments Act of 2008 to clarify its intent as to who is protected by the Americans with Disabilities Act of 1990. Here's how to comply.

Whether enforcing or defending against non-compete agreements, in-house counsel must understand the fundamentals. The eleven that follow are the most critical.

The unraveling of a $50-billion dollar Ponzi scheme allegedly perpetrated by Bernard L. Madoff has brought a new magnitude to an old but hardy scam. Here's a look at how Ponzi schemes work.

In the current environment, factors such as a shortfall in assets, lack of debtor-in-possession financing and absence of potential buyers may make liquidation the only recourse in bankruptcy. With fewer dollars to satisfy claims, creditors may resort to litigation, alleging fraud as a means for obtaining recoveries. This could lead to additional exposures for directors and officers at companies facing bankruptcy.

The first part of this article, which appeared in the December 2008 Issue, discussed cases that address the preference for stability over sense, mitigation and interpretation of leases. The cases in Part Two herein address enforcement and violations.

Today, landlords are particularly worried about tenant bankruptcies. True, this has always been a concern for commercial landlords, but previously their focus may have centered on smaller, start-up businesses rather than the large anchor tenants that are currently seen knocking on the bankruptcy court's door.