Features
EDS Loses to BSkyB in Major Technology Case
In a major decision of London's Technology and Construction Court that will have global repercussions, technology vendor Electronic Data Systems has been found liable for a deceitful misrepresentation that induced broadcaster BSkyB to enter into a contract with it.
Director and Officer Exposure
Stockholder activism is increasing, giving rise to exposure to claims. As a result, it is prudent to assess indemnification provisions and arrangements together with D&O coverage and risk management functions.
Putting Socks on an Octopus
Managing outside counsel, particularly a large firm, can be particularly challenging. This article discusses 10 recommendations for strengthening the partnership between inside and outside counsel.
Features
Avoiding FCPA Liability with a Robust Compliance Program
With crystal clarity, the U.S. Government has signaled its intentions regarding enforcement of the Foreign Corrupt Practices Act (FCPA): far greater resources devoted to FCPA investigations, and far harsher penalties for FCPA violations.
Features
New Arbitration Rules
Following in the footsteps of its very successful mediation program, the Delaware Court of Chancery recently added a new weapon to its arsenal of alternative dispute resolution options.
Features
Tax Issues for Real Estate Leasing by Tax-Exempt Organizations
This article, the last in a four-part series, examines the issues involved when a tax-exempt organization carries or incurs debt with respect to real estate from, or to which, it receives income unrelated to its exempt purposes.
In the Spotlight: Landlords and Tenants Mediate Conflicts
Whether or not tenants have protective lease provisions, conflicts frequently arise with landlords facing economic stresses, and more often arise with the successor landlord, foreclosure purchaser. These conflicts threaten ' and often result in ' litigation.
Features
Reevaluating REAs
Part one of this three-part article discussed how the economy has impacted the flexibility and control of REAs. Part Two herein focuses on operating covenants and monetization of real estate.
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