Don't Ask and Don't Tell
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.
Features
Staying Afloat Through the Flood
This article discusses key issues that companies should consider in pursuing contingent business interruption claims arising from the Mississippi River flooding.
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Where Is the Data?
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.
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Quarterly State Compliance Review
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
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.
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Negligence Claim Precluded by Real Estate Service Contract
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.
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Adequacy of Insurance Limits
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
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.
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Retail Leasing in Tough Times
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
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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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 ›
