Features
Arbitration: One More Look at Its Virtues and Vices
For several years, I have felt like Hamlet when I ruminate on the subject of arbitration clauses: To include, or not to include, an arbitration clause in the franchise agreements I draft.
Features
Eminent Domain Law
A look at <i>Application of Metropolitan Transportation Authority</i>.
Features
Drug & Device News
An analysis of recent news and litigation.
Features
Gathering Evidence in Qui Tam Actions
Even after making the difficult decision to blow the whistle on an employer by reporting FCA violations, a soon-to-be <i>qui tam</i> relator must often gather evidence to support his or her allegations.
Features
The Med-Mal Settlement and the Confidentiality Clause
A New Jersey court recently ruled that disclosure laws trump confidentiality clauses. A look at what this means for physicians and their legal advisers in New Jersey and beyond.
Features
The Enforcement of Jewish Marriage Contracts by Civil Courts
When Jewish parties who have had a religion wedding civilly divorce, can one party be compelled to grant a religious divorce? A look at recent litigation.
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MOST POPULAR STORIES
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe 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.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe 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.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis 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.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
