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Features

The Employee Free Choice Act

Bruce J. Kasten

The proposed Employee Free Choice Act ("EFCA") would dramatically alter the landscape of labor-management relations in favor of unions seeking to organize employees of non-union employers. Businesses that do not prepare soon for the impact of this prospective law, as well as their employees, will be significantly affected.

Legal Economics

John F. Brown, Jr.

The upward spiral of legal costs, including the demands of Electronic Database Discovery (EDD) and the impact on early case assessment, puts pressure on departmental legal budgets. Artificial floors created by budgets derived from prior-year expenditures will give way to application of traditional return on investment (ROI) analysis to set appropriate cost levels.

The Whole Foods Antitrust Saga

R. Dale Grimes

A couple of years ago few people would have thought that a socially conscious company that specializes in selling organic groceries would find itself in a knock-down, drag-out brawl with the Federal Trade Commission. But that's just what has unfolded as a result of the FTC's challenge of the merger between Whole Foods Market, Inc. and Wild Oats Markets, Inc.

Features

DOJ Antitrust Division Answers Questions Under Leniency Program

Richard E. Donovan

the Department of Justice Antitrust Division ("Division") recently issued an interesting policy paper that clarifies its position on certain issues under the leniencyprogram, which positions previously may have been known only to those who practice regularly in the field of criminal antitrust.

Features

The Treasury Department's Guidelines on Executive Pay

Angela Marie Hubbell

The guidelines were designed to strike a balance between the financial industry's need to attract top talent to lead in the current economic climate and the public's interest in requiring transparency and accountability. They require not only disclosure of, but an explanation and justification of the policy supporting certain compensation decisions. Here's how they work.

Features

Renewed Focus on Takeover Defenses

Robert S. Reder, Rachel Fink & Alison Fraser

While attitudes a year ago might have suggested that 2008 would be a year of great stockholder activism with takeover defenses continuing to fade from the scene, the drying up of credit for M&A transactions and plunging stock prices and asset values actually caused public companies to re-examine their preparedness for hostile activity and, ironically, led to the re-emergence of a takeover defense that had fallen out of favor in recent years.

The Leasing Hotline

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Features

Tax Issues for Real Estate Leasing By Tax-Exempt Organizations

Michael J. Huft & Nina M. Knierim

This article examines the issues that must be dealt with by tax-exempt organizations in leasing real estate to third-party lessees.

In the Spotlight: Bankruptcy Strategies for Commercial Landlords, Tenants, Lenders, and Real Estate Investors

Jeffrey Rich

This is the first part in a series dealing with the subject of bankruptcy strategies and considerations for commercial landlords, tenants, lenders and real estate investors. The subject matter of each part of this series of brief alerts is complex and what is intended is to highlight some of the key issues the reader should consider in connection with the subjects discussed.

When Silence Is Not Golden

Kelly Riggle & Allison Ryan

This article examines anti-assignment clauses from the landlord's viewpoint; specifically, anti-assignment clauses similar to the following: "tenant shall not, without the prior written consent of landlord, which consent shall not be unreasonably withheld, assign this lease or any interest hereunder, or sublet the leased premises or any part thereof."

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