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Commercial Law

  • A look at recent rulings of importance.

    November 25, 2008ALM Staff | Law Journal Newsletters |
  • A recent ruling by the Court of Appeals puts a whole new, and subjective, definition to the term "cohabitation": At the time that the agreement was entered into, what did the parties themselves mean when they stated the word "cohabit"?

    November 25, 2008Janice G. Inman
  • New York's law on levies of rents pursuant to money judgment is most peculiar. The obligation of a tenant (T) to pay rent runs with the land. Let us call the forward-looking obligation of a tenant to pay rent a "rent receivable." New York law insists that the rent receivable is real property. Once the rent receivable is actually paid, the proceeds are considered the landlord's personal property. Collection of the rent "severs" the dollars from the real property.

    November 25, 2008David Gray Carlson
  • According to the author, drawings cannot possibly be viewed as a reliable source of information concerning children's perceptions of themselves, their families, the dynamics within their families, or anything else. Even if it could be demonstrated that the dynamic of projection consistently operates as children produce these drawings, there would still be no basis for relying upon them.

    November 25, 2008ALM Staff | Law Journal Newsletters |
  • In order to get what they pay for, businesses need to ensure that their separation agreements protect the company's interest to the fullest extent permitted by applicable law.

    November 24, 2008Anne Ciesla Bancroft
  • Congress passed the Consumer Product Safety Improvement Act (CPSIA) in August in response to a perceived product safety crisis arising from several recent high-profile recalls of imported children's products. This article provides an in-depth discussion.

    November 24, 2008John W. Moss and Michael Del Negro
  • While this article cannot speak to the specifics of an individual termination, the subject thumbnails set forth herein highlight key issues to consider when preparing separation agreements.

    November 24, 2008Anne Ciesla Bancroft
  • This article briefly reviews the history of the DOJ's corporate charging guidelines, discusses the policy changes from the DOJ's earlier charging guidelines, and analyzes the Filip Memo's impact on corporate investigations and prosecutions.

    November 24, 2008Peter B. Ladig and Stephen B. Brauerman
  • Surprisingly few reported decisions discuss whether criminal investigations of corporate wrongdoing are covered under directors' and officers' liability insurance policies. This is amazing because the past decade has been marked by waves of corporate scandals, and federal and state prosecutors and regulators will likely continue to launch broad investigations of corporate conduct in the decade to come.

    November 21, 2008Patricia A. Bronte