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Features

Policing Workplace e-Mail Use

Fernando M. Pinguelo & Laura J. Tyson

A company's decision on where to draw the line on personal use of workplace computers poses a great challenge to employers, and recent court rulings do not make the decision and its enforcement any easier.

Best Practices in Transaction Management

Matthew F. Herman & Richard Burrows

In this article the authors explore some key factors for best practices in transaction management from the perspective of external counsel working alongside you and your in-house team.

Features

Five Steps for Managing the Risks Associated with Sensitive Data

Jonathan M. Cohen & Elise Dieterich

The trend toward cloud computing, use of third-party application service providers, and outsourcing functions that can include payroll, benefits, marketing and more, multiply the potential vulnerabilities, and up the ante when it comes to managing data-related risk.

Features

DE Courts Tackle Novel Issues Presented by Contested Director Election

Robert S. Reder

Recently, in <i>Kurz v. Holbrook</i>, the Delaware Court of Chancery and Supreme Court confronted dueling consent solicitations over control of the board of directors of EMAK Worldwide, Inc. This contest generated three issues of first impression.

Movers & Shakers

ALM Staff & Law Journal Newsletters

Who's doing what; who's going where.

Features

The Leasing Hotline

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Reevaluating REAs

Sheldon A. Halpern

Part One of this article discussed how the economy has impacted the flexibility and control of REAs, nontraditional occupants, consolidation and conveyance of improvements. Part Two described operating covenants and monetization of real estate. The conclusion herein focuses on parking, site plan and use restrictions.

In the Spotlight: A Practical Guide to Negotiating Data Center Leases

Aaron L. Pawlitz

Leases of real property are rarely good candidates for a one-size-fits-all approach. Avoiding this is especially critical when attorneys are preparing or reviewing leases of real property that will include space that will be used as a data center.

Features

Using Ground Leases in a Difficult Economy

Steven Simkin & Barry Langman

Particularly given the dramatic shifts in the real estate market in recent years, and the unpredictability of interest rates, inflation, taxes and other economic factors going forward, greater attention is being focused on ground leases. Here's why.

Features

Leveraged Buyouts Made Less Safe from Fraud Actions in Delaware

Corinne Ball

In the recent decision in <i>Mervyn's, LLC v. Lubert-Adler Group IV, LLC</i> (<i>In re Mervyn's Holdings LLC</i>), a Delaware bankruptcy court allowed a debtor to proceed with a suit against its former parent, alleging a fraudulent conveyance and breach of fiduciary duty to the debtor and its creditors.

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MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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  • In the Spotlight
    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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