In the Spotlight: How Many Arbitrators Does It Take to Settle a Lease Dispute?
Rather than the usual three, if both parties agree on a single experienced and qualified commercial arbitrator, they will cut down the costs substantially.
Top Ten Issues in Co-Tenancy Provisions in Retail Leases
While landlords may use whatever bargaining power they possess to avoid granting a co-tenancy provision in a retail lease, the circumstances may dictate that a deal will not get done without one, especially in the current economy.
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New Law Cracks Down On Deceptive Third-Party e-Commerce Practices
A new layer of federal oversight should help protect consumers and ethical e-commerce companies against misleading and name-tarnishing activities of outlaw e-tailers who have ripped off thousands of U.S. consumers. On Dec. 29, President Obama signed the Restore Online Shoppers' Confidence Act, introduced in the Senate early last year by Sen. John D. Rockefeller IV (D-WV), chair of the Senate Committee on Commerce, Science, and Transportation.
Judicial Immunity Resurfaces in the Third Circuit
A recent decision out of the Middle District of Pennsylvania may revive the doctrine of "judicial immunity" for defense witnesses.
New Net-Use Tracking Tactics Capture Privacy Claims
The use of new technology makes people's efforts to keep Internet behavior private more difficult, has given rise to renewed claims from consumers of unlawful intrusiveness by Internet data-collectors, and has revived the argument that such behavior violates privacy expectations and, thus, is unlawful.
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Sea Launch ' A Unique Business and a Unique Reorganization
Sea Launch's international ownership and unique capital structure and business model (utilizing a series of treaties between the United States, Russia and the Ukraine) engendered a unique reorganization process, described herein.
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Bit Parts
Concert Litigation Lawyers Prevail in Legal Malpractice Case<br>Forum Selection Clause in Jersey Shore Appearance Release Ruled Enforceable<br>Online Music Service Is Subject to Jurisdiction in CA
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- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- Inferring Dishonesty: The Fifth Amendment and Fidelity CoverageDishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud & Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>Read More ›
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- Reset Clauses In Ground LeasesThe purpose behind rent reset clauses is simple — to capture any change in the fair market value (and fair market rental value) of the leased property. However, the application of rent reset clauses in practice is anything but simple, and the consequences of such clauses can be significant.Read More ›