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.
<B><I>BREAKING NEWS:</b></i> <b>Judge Peck's Predictive Coding Decision in Da Silva Moore OK'd</b>
Predictive coding software will be used in the case of <i>Monique da Silva Moore, et al. v. Publicis Group SA, et al</i>, U.S. District Court Judge Andrew Carter ruled on April 25.
Features
The Consequences of an Insurance Company's Breach
A policyholder that establishes its insurance company was in breach need not necessarily show that particular costs were "covered" under the policy in order to recover them as contract damages resulting from the breach.
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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 ›
- 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 ›
- 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 ›
- 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 ›
