Commercial Lease Gross-Ups
Commercial leases often contain gross-up provisions relating to the calculation of the tenant's share of operating costs and realty taxes. There are also gross-up provisions relating to the calculation of the tenant's rentable area. What are gross-up provisions? Why are they necessary, and are they fair? What are the issues associated with gross-ups that landlords and tenants need to consider? This article addresses these and other issues.
Plug Pulled on Live Video Testimony
The first part of this article described <i>People v. Wrotten</i>, in which the complainant was too fragile to travel, and the court granted the prosecution's request to allow him to testify by video. The conclusion of the article herein discusses the issues raised by video testimony.
A Case of Mistaken Identity?
Accurate assays for lead and phthalates in consumer products are critically important. Current analytical methods have not been subjected to rigorous peer review and validation to demonstrate that they are reliable and reproducible at the levels required for legal determination of compliance.
Practice Tip: Keys to Successful Negotiation of Clinical Trial Agreements
Clinical trial agreement ("CTA") negotiation has become the most common cause of delay in studies. Because the cost of bringing a new drug to market is astronomical, pharmaceutical companies typically lose millions of dollars per week as a result of any delay in the process.
The SAFET Y Act
The fundamental intent of the SAFETY Act is to encourage companies to design, develop, and deploy ATT to protect high-value terrorist targets owned by government or commercial entities, here in the U.S. and abroad. Here's how to comply.
Features
Changes to Form I-9: Administrative on Their Face; Substantive In Effect
As of April 3, 2009, employers were required to use the new Form I-9 for employment eligibility verification for new employees and applicable re-hires. The new form is the latest step in what has been an unsystematic effort by the United States government to create and enforce immigration laws in the workplace.
Ordinary Leaders: An Untapped Resource
The kind of leadership that works best is not always the kind of leadership to which a managing partner is most naturally suited. Many organizational issues that a leader must face call for what we call "ordinary leadership."
Features
Collision of Classes and the Training Challenge
How will law firms deal with the different class and experience levels that may be joining law firms at the same time? In this new legal world, designating classes for advancement by law school graduation year may no longer be feasible.
Qualified Plan Risk Management
You may be generally aware of certain fiduciary duty ERISA risks, and you may think you are protected from them. But odds are, you are not aware of all the risks and you are not protected from them.
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MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Surveys in Patent Infringement Litigation: The Next FrontierMost 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.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- In the SpotlightOn 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 & 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.Read More ›
