Features

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

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.

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

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

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.

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

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

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.