Features
Lessons Learned: The DOJ's Crackdown on Hiring Practices
Over the past several months, the DOJ has begun investigating several leading technology companies for possible violations of the antitrust laws. One focus of the multi-faceted investigation is whether certain companies have violated antitrust laws by agreeing among themselves not to recruit one another's employees.
Document Retention and Spoliation
Corporate counsel should note recent legal developments surrounding spoliation ' the destruction or significant alteration of evidence, or the failure to preserve property for another's use as evidence in pending or reasonably foreseeable litigation. This violation occurs when one party intentionally or negligently breaches its duty to preserve potentially discoverable evidence.
Corporate Internal Investigations
While companies conduct internal investigations for many reasons, the results of these investigations are often shared with the government. But the disclosure required by that cooperation leaves open the real possibility that the attorney-client privilege and the work product doctrine may be waived.
Attorney Work Product at Risk
A new federal appeals court decision promises to give significant pause to corporate counsel, particularly in-house tax attorneys. To their dismay, the First Circuit has ruled that no amount of anticipation of litigation, nor the intimate involvement of legal counsel, can ever immunize so-called "tax accrual workpapers" from discovery by the IRS.
The Leasing Hotline
Recent rulings of interest to you and your practice.
Leveraging Your Lease in These Turbulent Times
Now is the time for retail landlords and tenants to put themselves in the strongest possible legal and economic position. Using the steps in this article, a landlord or tenant can proactively evaluate where it currently stands, identify positions of strength and weakness, and execute on the strongest possible strategy.
In the Spotlight: Supporting Struggling Tenants
In deciding whether to grant a rent deferral, landlords should consider certain issues and strategies. This two-part article will discuss nine factors every landlord should consider.
Retailer Transparency and Landlord Agility
Shopping center and store landlords have been rudely surprised by the speed and breadth of their tenants' downward spiral in the economic implosion of the past year. But the damage might have been mitigated by corrective measures taken earlier in the cycle.
Trade-in Value and Auto Loans After Bankruptcy Reform
An in-depth discussion of the 910-day provision and the hot debate surrounding it, this article is intended to provide a complete and exhaustive review of the legislative record to assist market actors and courts.
Are You Prepared for e-Discovery?
Bankruptcy courts, practitioners, trustees and examiners are facing a new reality with which many federal court litigants and their counsel are already painfully familiar: The dire economic and legal consequences of failing to properly identify, preserve, collect, review and produce relevant ESI electronically stored information (ESI).
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MOST POPULAR STORIES
- 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 ›
- 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 ›
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