Despite their seemingly lackluster nature, well-drafted insurance provisions in a contract between a landlord and tenant can be extremely important when it comes to mitigating potential exposure and protecting a shopping center's assets.
<b><i>The Rolling Stones Were Wrong — Time Isn't on Your Side</b></i><p>Almost every business owner loathes worker's compensation insurance — costs are high and can go up significantly in the event of a claim or multiple claims. Also, worker's comp can be a cost center that is heavily impacted by fraud and abuse. If employers can control the number and severity of claims and lower worker's comp costs, they can put the money to better use.
The recent decision in <i>Sears Roebuck & Co. and Kmart Corp. v. W/S Lebanon LLC</i> seems timely in light of the fact that commercial landlords, tenants and their insurance providers are grappling with the problems caused by the extreme wind and rain of hurricanes. Here's what happened in that case.
Over nearly eight years as U.S. Attorney for the Southern District of New York, Preet Bharara became recognized as a powerful prosecutor in many areas, including government corruption and white-collar crime. Another subject for which he certainly deserves mention is his strong record helping to fight insurance fraud in New York.
Well-known restaurant chain, P.F. Chang's China Bistro, recently sustained a significant hit to its cyberinsurance coverage. The federal court's opinion in the case serves as a lesson to policyholders regarding cyberinsurance in a rapidly evolving market. Due diligence is the name of the game when placing such insurance in order to understand the scope of coverage.
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Litigation analytics can be considered a roadmap of sorts — an important guide to ensure the legal professional arrives at the correct litigation strategy or business plan. However, like roadmaps, litigation analytics will only be useful if it's based on data that is complete and accurate.
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Chances are that if your company is involved in research and development of new technology there is a standards setting organization exploring the potential standardization of such technology. While there are clear benefits to participation in standards organizations — keeping abreast of industry developments, targeting product development toward standard compliant products, steering research and intellectual property protection into potential areas of future standardization — such participation does not come without certain risks. Whether you are in-house counsel or outside counsel, you may be called upon to advise participants in standard-setting bodies about intellectual property issues or to participate yourself. You may also be asked to review patent policy of the standard-setting body that sets forth the disclosure and notification requirements with respect to patents for that organization. Here are some potential patent pitfalls that can catch the unwary off-guard.
