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Features

Acquisition of Company Assets Image

Acquisition of Company Assets

Stanley R. Kaminski

With a little knowledge and planning, a purchasing company may be able to avert the expensive surprise of acquiring thousands of dollars in hidden unclaimed property that it must subsequently report and remit to multiple states.

My Agent Did What? Image

My Agent Did What?

David W. Simon, Rohan Virginkar & Matthew G. White

This article examines the risks presented by the use of third parties when doing business internationally, with a focus on the potential for liability under the United States' Foreign Corrupt Practices Act ("FCPA").

Features

The Leasing Hotline Image

The Leasing Hotline

ALM Staff & Law Journal Newsletters

Analysis of recent rulings.

Current Market Refocuses Attention on 'SNDA' Agreements Image

Current Market Refocuses Attention on 'SNDA' Agreements

Jeffrey B. Steiner & Zachary Samton

This article discusses a loan document that requires execution by tenants of the subject property, the Subordination, Non-Disturbance and Attornment Agreement, commonly referred to as an SNDA.

In the Spotlight: The Use of a Captive Insurance Company By a Commercial Tenant Image

In the Spotlight: The Use of a Captive Insurance Company By a Commercial Tenant

Brian J. Levin

This article addresses what it means for a tenant to self-insure or obtain insurance through a captive, and how a landlord and tenant can modify their lease accordingly.

The Operating Expense Gross-Up Image

The Operating Expense Gross-Up

David P. Resnick

Landlords and tenants that include property taxes as a variable expense for purposes of a gross-up provision should provide for a thorough and detailed accounting methodology to avoid disputes when those expenses are billed.

Features

In the Courts Image

In the Courts

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Features

Business Crimes Hotline Image

Business Crimes Hotline

ALM Staff & Law Journal Newsletters

National rulings of interest.

Insider Trading: It's Not Just for Suits Image

Insider Trading: It's Not Just for Suits

Joel M. Cohen & Mary Kay Dunning

On Sept. 30, 2010, the SEC brought an insider trading case against two railroad employees and their relatives, alleging that the defendants reaped more than $1 million in illegal gains by trading on nonpublic information about the planned takeover of the railroad company.

Features

Honest-Services Fraud in the Wake of Skillings Image

Honest-Services Fraud in the Wake of Skillings

Robert Plotkin & Nicholas B. Lewis

The Supreme Court has tried again to restrict application of the honest-services fraud statute (18 U.S.C. ' 1346), which has been zealously used by prosecutors to target a wide swath of allegedly unethical behavior by public officials and private employees alike.

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    The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
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    This 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.
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  • The Stranger to the Deed Rule
    In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
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