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New amendments to the Federal Rules of Civil Procedure ('FRCP') identify electronically stored information, tangible and intangible, as discoverable (relevant, non-privileged) information. This altered landscape, which took shape when the existing rules were amended and the amended rules took effect in December, is one that e-commerce enterprises must size up and become familiar with.
Everyone today is on high alert about the threats of Internet fraud, identity theft and white-collar crime ' or if not, they should be. Internet criminals are constantly cultivating new tactics, and law-enforcement agencies are doing everything they can to head them off.
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The New York State Narcotic Bureau of Enforcement is investigating companies in New Jersey, Mississippi and elsewhere for facilitating Internet prescription-medicine transactions. These facilitators include Web site owners, database providers and Internet service providers ' none of which has New York offices, assets or residents. But any indictments or convictions resulting from such New York investigations might be barred by the U.S. Constitution's Commerce Clause.
The situation is no better in today's competitive international and online economy than in 1949 when Arthur Miller penned his masterpiece 'Death of a Salesman' ' bleak and unforgiving. Whatever he or she might feel about a customer, the sales representative must follow the basic rule of sales: The customer is always right (even when the customer is wrong). With better and more readily accessible knowledge of competing sellers' pricing, customers can comparison shop for the lowest price almost without cost or delay. The lure of a slightly lower price online can make a customer forget the service and support that a good rep can provide. And all the goodwill established by the rep's prior work pales next to a slight price break, from the customer's perspective.
In the good old days, security concerns of tenants could generally be laid to rest simply by recourse to a good locksmith. In those simpler times, and without any association with security matters, landlords and property managers routinely gathered from tenants social security numbers and other information for purposes of protecting the landlord's interests when it came to tracking down miscreant tenants. Because this type of information was not subject to the widening panoply of privacy-related laws that are now becoming ubiquitous across the United States, no special arrangements were typically considered necessary to protect this information, and there was no particular risk or burden imposed on its holder. How things have changed. Nowadays, holding this type of information can constitute a double-edged sword, with any slip carrying with it the possibility of harm to the wielding hand.
A co-tenancy requirement may have substantial negative effects, including a domino effect if more than one tenant ceases to operate. Most landlords resist giving such rights to a tenant, especially an in-line tenant. However, if an important tenant has sufficient negotiating leverage, a landlord may be forced to roll the dice, agree to a co-tenancy requirement, and hope that the designated co-tenant will continue to operate during the term of the benefited tenant's lease. This article focuses on ways a landlord can limit the impact of co-tenancy requirements.
Features
Operating leases are becoming increasingly important to many corporate lessees for a variety of reasons. The primary reason a corporate lessee prefers operating leases to capital leases is for balance sheet management reasons. Operating leases, or 'true leases' — as opposed to capital leases — reduce the lessee's outstanding debt recorded on the balance sheet, which results in a better debt-to-equity ratio. The other motivations behind the corporate lessee's preference for operating lease treatment vary. For example, many corporate credit facilities have covenants preventing corporations from creating debt, which usually includes capital leases. Also, many companies want to preserve current lines of credit and cash for other ventures, such as the acquisition of a new business line.
Features
News about lawyers and law firms in the product liability field.
Highlights of the latest product liability cases from around the country.
For years, Hersh & Hersh ('H&H') has represented hundreds of users of a top-selling anti-psychotic drug in suits against its maker. Now the firm is taking on bigger clients against the same company: states that say they've been footing the public health costs from the drug. H&H's first such client against pharmaceutical giant Eli Lilly & Co. is the state of New Mexico, which claims it spent about $18 million on Zyprexa'-related medical expenses between 1999 and 2005.
