Business Crimes Hotline
National rulings of interest to you and your practice.
Features
Policing Workplace e-Mail Use
Under what circumstances do employees who use a workplace computer to communicate with their attorneys waive the attorney-client privilege that would normally attach to such a communication? A recent ruling from New Jersey addressed this question.
Supreme Court Broadens Statue of Limitations for Disparate-Impact Cases Under Title VII
In a recent landmark decision significantly increasing risk and liability for employers with respect to policies and practices that may have a disparate-impact on minorities, the U.S. Supreme Court held that the time within which plaintiffs may file disparate-impact claims under Title VII is not limited to the first 300 days following the employer's adoption of the challenged policy.
Law Firm May Remain Liable for Rent After Partner's Departure
A law firm that broke its lease when a partner left ' avowedly because the firm no longer existed ' cannot get out of the rent that easily. At least not in New Jersey.
Growing Green Leases
With the increased interest on the part of both landlords and tenants in "green" leases, more landlords are striving for LEED certification, and more tenants are considering this as a major factor in choosing a location. But how can the parties best write the lease?
Lessors and the Proposed New Accounting Rules
This article examines the proposed lease accounting rules to date and their anticipated impact on lessors and the way they do business.
Government Searches of Computers
This article addresses some of the issues arising from searches and seizures of computers and their data to provide guidance so that counsel can effectively represent the interests of their clients who are subjected to such intrusive evidence gathering. by federal law enforcement authorities.
Features
Environmental Liability: Equipment Lessor Is Responsible Under CERCLA for Cleanup Costs As the Owner of a 'Facility'
Equipment lessors need to learn a new acronym: CERCLA. It stands for the Comprehensive Environmental Response, Compensation and Liability Act, and it has the potential to expose lessors to millions of dollars in environmental liability.
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MOST POPULAR STORIES
- The 'Sophisticated Insured' DefenseA majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.Read More ›
- A Lawyer's System for Active ReadingActive reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.Read More ›
- The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and OpportunitiesLike poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.Read More ›
- Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric CodeIn an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.Read More ›
- Guidance on Distributions As 'Disbursements' and U.S. Trustee FeesIn a recent case from the Bankruptcy Court for the District of Delaware, In re Paragon Offshore PLC, the bankruptcy court provided guidance on whether a post-plan effective date litigation trust's distributions constituted disbursements subject to the U.S. Trustee fee "tax."Read More ›