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The long-running BALCO steroid investigation that led to the indictment of Major League Baseball star Barry Bonds has resulted in a potentially landmark decision about how government agents apply for and execute search warrants for electronically stored information (ESI).
Not since 1987, when the Supreme Court issued its bombshell decision in <i>McNally v. United States</i>, has the honest-services mail fraud doctrine received as much attention as in recent months. When the dust settles, it is possible that one of prosecutors' favorite weapons will have been sharply restricted or taken away.
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Recent rulings of importance to your practice.
Features
The first part of this article discussed four factors that a landlord should consider when negotiating rent deferral for a struggling tenant: verifying financial distress, lender requirements, short-term relief, and landlord acceleration rights. The conclusion herein addresses the remaining four points.
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This article addresses some of the legal issues that a landowner needs to consider when negotiating a cell tower lease or license with a telecommunications company for the installation of equipment on its rooftop.
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.
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.
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.
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.
