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Don't Ask and Don't Tell Image

Don't Ask and Don't Tell

Debra S. Friedman

Organizations that obtain, use and/or disclose an applicant's or employee's genetic information may run afoul of Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits companies from using genetic information to make employment decisions.

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Staying Afloat Through the Flood Image

Staying Afloat Through the Flood

Jonathan M. Cohen & Barry I. Buchman

This article discusses key issues that companies should consider in pursuing contingent business interruption claims arising from the Mississippi River flooding.

Features

Where Is the Data? Image

Where Is the Data?

Amelia Stobaugh

If you walk into the Meet and Confer or 26(f) meeting of parties unprepared for an informed discussion of electronically stored information (ESI), the repercussions are serious. Here's how to prepare.

Features

Quarterly State Compliance Review Image

Quarterly State Compliance Review

Sandra Feldman

This edition of the Review looks at some legislation of interest to corporate lawyers that went into effect from May 1 through July 1, 2011. It also looks at recent decisions of interest from the courts of Delaware, California, and Nevada.

SEC Adopts New 'Bounty Hunter' Rules Designed to Encourage Whistleblowers Image

SEC Adopts New 'Bounty Hunter' Rules Designed to Encourage Whistleblowers

Darrick M. Mix & Michael E. Clark

The SEC recently adopted "bounty hunter" whistleblower rules that are likely to encourage employees of public companies to report potential violations of securities laws directly to the SEC, rather than in accordance with established internal company compliance and reporting procedures.

Features

Negligence Claim Precluded by Real Estate Service Contract Image

Negligence Claim Precluded by Real Estate Service Contract

Alan Nochumson

In <i>Greenwood Land Co. v. Omnicare Inc.</i>, the U.S. District Court for the Western District of Pennsylvania precluded a tenant from claiming negligence against its real estate management company under the gist of the action and economic loss doctrines as a result of a contract that existed between the parties.

Features

Adequacy of Insurance Limits Image

Adequacy of Insurance Limits

David A. Grossberg

At a time when frugality is in vogue, risk managers acting for landlords and tenants need to be mindful of all elements that can affect the potential value of insurance coverage to be required pursuant to leasehold covenants.

In the Spotlight: Selected Landlord Considerations Following a Request to Sublease Image

In the Spotlight: Selected Landlord Considerations Following a Request to Sublease

David P. Resnick

Prior to consenting to a sublease, a landlord should be acutely aware of its rights and remedies against the proposed subtenant, and should negotiate a consent document that reinforces those principles.

Features

Retail Leasing in Tough Times Image

Retail Leasing in Tough Times

Lars Andersen

This article discusses opportunities that tenants should consider toward reducing fixed-rent costs, and obtaining more favorable lease terms.

CMBS Certificate Holders Denied Standing in Innkeepers Image

CMBS Certificate Holders Denied Standing in Innkeepers

Grant L. Cartwright & Ryan J. Dattilo

In one of the first decisions of its kind, the United States Bankruptcy Court for the Southern District of New York, in <i>In re Innkeepers USA Trust, et al.</i>, ruled that a holder of commercial mortgage-backed securities ("CMBS") did not have standing to raise objections as a party-in-interest in a bankruptcy case.

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