Features
Managing Employee Leave under the ADAAA and FMLA
Managing employee leave has become a persistent and growing challenge at many companies. Here's why...
Four Rules for Tax-Exempt Organizations with Volunteers
As discussed last month, the use of volunteers and interns by nonprofit corporations comes with legal risks, particularly from potentially applicable wage and hour laws and from harms caused by or happened upon the volunteers and interns.
Features
The Supreme Court Finds Religion
The U.S. Supreme Court recently held in that the First Amendment's religion clauses provide for a "ministerial exception." In doing so, the Court promoted religious autonomy at the expense of ministers' rights and society's interest in eradicating discrimination.
When Sympathy Trumps Contractual Rights
Is "equity" more powerful than enforcing the terms of a renewal lease option in a lease between two sophisticated business entities? In <i>135 East 57th Street LLC v. Daffy's Inc.</i>, the Appellate Division, First Department, signaled that it is.
Features
Vicarious Liability
When is a franchisor's control over a franchisee so great that the franchisor risks being held vicariously liable for the actions of its franchisees?
Features
In the Spotlight: Lease Restructures
Although landlords do not want excess space to lease in a down market, there may be benefits to the landlord of a steady long-term income stream that offsets the impact of additional vacancy. In sum, for each side an early lease restructure may make sense.
Features
Drafting Better Commercial General Liability Insurance Requirements
A landlord generally does not want to impose obsolete or otherwise nonsensical requirements on its tenant, and a tenant generally does not want to promise to do things that are impossible. But both can regularly be found in lease insurance provisions.
Prepping for the 2010 Amendments to Article 9 of the UCC
In 2008, the Uniform Law Commission and the American Law Institute set to work on evaluating and improving Article 9. A set of amendments which were completed in May 2010 by the ULC and the ALI reflecting these efforts is ready for consideration by state legislatures. This article discusses some of the troublesome issues that prompted the work of these commercial law grandees and the solutions contemplated by the 2010 amendments.
Features
Case Briefs
Highlights of the latest insurance cases from around the country.
Specialty Recall Insurance Coverage
With the cost and frequency of product recalls on the rise, many companies are considering purchasing specialty policies to cover certain recall-related losses that are often excluded from general liability and property policies. Few cases provide guidance about how such policies will be interpreted and applied by the courts, but some recent decisions highlight limitations on their scope of coverage.
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MOST POPULAR STORIES
- 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 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 ›
- 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 ›
