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Gay Marriage: A Changing Legal Landscape Image

Gay Marriage: A Changing Legal Landscape

Elizabeth J. Berns

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.

Features

Can Failure-to-Warn Claims Against Generic Drug Manufacturers Be Preempted? Image

Can Failure-to-Warn Claims Against Generic Drug Manufacturers Be Preempted?

Sharon Caffrey, Alan Klein & Paul M. da Costa

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.

Features

Will Your New Tenant Bail Out? Image

Will Your New Tenant Bail Out?

Ira Fierstein

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.

Features

Trouble in Lease Land Image

Trouble in Lease Land

M. Rosie Rees

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.

Features

In the Spotlight: Lease Audits: Adding Value in Troubled Times Image

In the Spotlight: Lease Audits: Adding Value in Troubled Times

Mark Morfopolous

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.

Features

Look, But Don't Log In Image

Look, But Don't Log In

Marjorie J. Peerce & Daniel V. Shapiro

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?

Features

How to Use and Not Lose Experts in Criminal Cases Image

How to Use and Not Lose Experts in Criminal Cases

Jodi Misher Peikin & James R. Stovall

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.

Features

Cap on Legal Fees in Bankruptcy Alarms Firms Image

Cap on Legal Fees in Bankruptcy Alarms Firms

Amanda Bronstad

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.

Features

Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of Sale Image

Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of Sale

ALM Staff & Law Journal Newsletters

Explaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.

Features

Considerations of Examiner Appointments in Bankruptcy Actions Image

Considerations of Examiner Appointments in Bankruptcy Actions

David J. Baldwin & R. Stephen McNeill

Examiner appointments in Chapter 11 bankruptcy cases are uncommon, and despite Judge Peter J. Walsh's statement that he had appointed an examiner only two or three times during his career as a bankruptcy judge, he recently ordered the appointment of an examiner in <i>In re DBSI, Inc.</i>

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