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De Facto Holdover

Paul R. Diamond & Dara Sahebjami

Too often, surrender provisions in today's commercial leases are not adequately coordinated with the landlords' marketing needs, and lack adequate remedies to ensure compliance by tenants at the end of their lease terms. This article discusses the problem.

Features

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Business Crimes Hotline

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Features

In the Courts Image

In the Courts

ALM Staff & Law Journal Newsletters

An in-depth discussion of recent cases.

Features

Undisclosed Foreign Bank Accounts Image

Undisclosed Foreign Bank Accounts

Peter D. Hardy

On July 17, 2008, UBS A.G., the giant Swiss bank, announced its cooperation with the Department of Justice (DOJ) and the IRS and its identification to the authorities of U.S. clients who use undeclared foreign accounts and thus may have committed tax fraud by concealing income. Herein is a discussion of voluntary disclosure.

Limiting the Extraterritorial Reach of U.S. Criminal Law Image

Limiting the Extraterritorial Reach of U.S. Criminal Law

William V. Roppolo & Joseph J. Mamounas

The Eleventh Circuit recently vacated two defendants' money-laundering sentences because it found that they had "committed no crime against the United States." An in-depth look at <i>Lopez-Vanegas.</i>

Features

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FCPA Due Diligence and Data Privacy Laws

Jacqueline C. Wolff & Daniel P. Cooper

As Russia, China, India and a host of other countries open their doors to U.S. investors, the number of companies and individuals who need to think about the risk of prosecution under the Foreign Corrupt Practices Act of 1997 (FCPA) has increased tremendously. This article explains.

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Labor Relations and The Supreme Court

John P. Furfaro & Risa M. Salins

This is the first of two articles discussing labor and employment decisions issued by the U.S. Supreme Court in its 2007-08 term.

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Verdicts

ALM Staff & Law Journal Newsletters

Recent rulings of importance to you and your practice.

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No Genes in the Workplace

Patricia Anderson Pryor

On May 21, 2008, President Bush signed into law the Genetic Information Non-Discrimination Act of 2008. This act prohibits employers and insurers from discriminating against individuals based on an individual's genetic information. The Act, which, on the employment side, is patterned after Title VII of the Civil Rights Act of 1964, creates a new federal cause of action for genetic discrimination, providing for jury trials, compensatory damages and punitive damages.

Features

D&O Liability Policies: A Potential Asset for Troubled Companies Image

D&O Liability Policies: A Potential Asset for Troubled Companies

Sallie Lux

The present economic climate is predictive of increased bankruptcy filings, liquidations, and other insolvencies. Under the appropriate circumstances, a company's directors' and officers' liability policies are potential corporate assets that should not be forgotten or ignored.

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  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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