In the Spotlight: Fundamentals of Constructive Eviction
There are measures a landlord can take in drafting the lease to ameliorate the risk of losing a constructive eviction action.
Features
The Federal Courts Jurisdiction and Venue Clarification Act of 2011
Since Jan. 6, 2012, new rules have been in effect regarding removal and venue procedures for federal litigation. The impact of the Federal Courts Jurisdiction and Venue Clarification Act of 2011 in business disputes, including franchising, is gradually being felt as actions are filed in federal district courts or removed from state court to federal courts. This article outlines some of the key changes and their potential relevance for franchisors and franchisees.
Liability of Commercial Landlords and Tenants Under the ADA
Effective March 15, compliance with the DOJ's 2010 ADA Standards for Accessible Design (2010 Standards) was required for any alterations to existing facilities subject to the Americans with Disabilities Act (ADA) and barrier removal.
The Effects of Assured Guaranty on Securities Law
When prominent plaintiffs' lawyers applaud a "landmark change in the law," prudence calls for reflection. Such is the case with the recent New York Court of Appeals decision clarifying the scope of the Martin Act.
Features
Timing Is Everything: NY Insurance Law ' 3420(d)
Just as an insured should not delay in providing notice of a claim while investigating other possible sources of coverage, an insurer should not delay in disclaiming on late notice grounds — a condition precedent to coverage — while it investigates other possible grounds for disclaimer.
Update: The IRS Whistleblower Program
A discussion of the key provisions of the revised Whistleblower Program and the steps involved in a whistleblower claim.
Features
Thoughts on the Proposed FCPA Guidance
This year may mark the beginning of a new, more predictable era in the world of FCPA compliance and enforcement. Here's why.
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MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining 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.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.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 ›