Features
How to Create Common and Uncommon Assignment/Subletting Problems
Under common law, absent a lease restriction, tenants had been free to assign their leasehold interest to others or to sublet all or part of their leased space. That rule of law is of little consequence today because virtually all leases restrict assignment and subletting rights, often in excruciating detail.
Off-Label Promotion of Drugs and Medical Devices
A spate of billion- and hundred-million-dollar settlements with the Department of Justice (DOJ) illustrates how the investigation of off-label promotions of drugs and devices has emerged as a predominant theory in pharmaceutical and medical-device prosecutions.
Features
From Booker to Spears
Chief Justice Roberts commented in a recent dissent that the Supreme Court's sentencing rulings "have given the lower courts a good deal to digest over a relatively short period." Indeed. Since its landmark holding in United States v. Booker, 543 U.S. 220 (2005), that the Sentencing Guidelines were simply advisory, the Court has swiftly and significantly diminished the relevance of the Guidelines and increased the discretion of district court judges in sentencing defendants. As a…
Pre-Trial Detention and White-Collar Defendants
This article reviews how courts assess the right to bail in cases where the defendant allegedly has inflicted massive economic harm on the public.
Features
Developments, Risks and Advanced Structures in the Lease Syndication Market
Lease syndications have enjoyed a significant rise in popularity in recent years. This rise in popularity has brought about an evolution in the commonly used structures, leading to additional complexity and confusion in practice. In this article, we provide a framework for analyzing syndications and addressing the practical needs of originators and funders.
<B>BREAKING NEWS:</b> Second Circuit: Google Must Face Trademark Suit Involving Keyword Ads
In a long-awaited opinion, the Second U.S. Circuit Court of Appeals ruled that Google must face a trademark infringement lawsuit for selling keywords that trigger ads.
Features
<B>BREAKING NEWS:</b> Supreme Court Strengthens Arbitration in Labor Case Ruling
The Supreme Court's growing embrace of the virtues of arbitration continued on April 1 with a 5-4 ruling endorsing labor contracts that send age discrimination claims to arbitration rather than to federal courts.
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- Coverage Issues Stemming from Dry Cleaner Contamination SuitsIn recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.Read More ›
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- AI or Not To AI: Observations from Legalweek NY 2023This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.Read More ›