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Features
Federal courts are split on the issue of whether a party must produce all communications and materials that were supplied by the party's attorney to a testifying expert, even if these communications (oral or written) would otherwise be protected as attorney work product. This two-part article will discuss and compare the majority and minority views.
Features
Constant connectivity creates pressure to work around-the-clock, wherever you may be. After all, the Net is always on ' and open for business.<br>However, as the traditional office becomes less important ' because technology lets work shift location with the workers ' will the legal rules for the workplace also follow?
With the Internet being everywhere, it's no surprise that it penetrates every aspect of a home-based e-commerce venture, along with Internet law, which has developed in lock step with the Internet. <br>And as more people chagrined by the fickle economy turn to their own residential Internet connections as conduits for electronic business, these entrepreneurs find themselves exposed to legal difficulties previously reserved for large traditional businesses. <br>To succeed, this new generation ' and older commercial operations that have adapted to the Information Age ' must know about Internet law, as do counsel who advise them.
Features
Recent cases of interest in e-commerce law.
Since June 25, companies in the United Kingdom will for the first time be able to avoid receiving "cold calls" ' unsolicited telemarketing calls ' by registering their phone number on a statutory list that bars the calls. <br>This has caused some consternation in the U.K. telemarketing industry, but it should be seen as just the latest development in information privacy in Europe.
How a tenant is permitted to apply its tenant improvement allowance for its build-out is frequently a controversial topic during lease negotiations.
Features
Highlights of the latest commercial leasing cases from around the country.
Features
In the era following Enron, Worldcom, Tyco, IMClone and Martha Stewart, when fraudulent actions, or even alleged fraudulent actions, can cause significant stock market losses, those operating "on the edge," if found guilty of "going over the edge," may face a sentence that could include incarceration as well as economic punishment. Since the corporate scandal trials almost always involve financial re-engineering, it is no surprise that these trials and the concomitant publicity would have an impact on sale-leaseback transactions ("SLTs") and those planning such transactions. It thus should be expected that in the post-Enron era, all financial and accounting transactions will be examined with a heightened degree of scrutiny, particularly those with an aroma of fancy accounting. Corporate executives and outside advisers now know that it is much harder to obtain a free pass for bad accounting. With the stakes for advising aggressively on SLTs having been significantly raised, it follows that SLTs are now becoming increasingly more difficult and complicated to complete.
Features
For the past 4 years, the subject of accessibility to movie theaters, primarily wheelchair access and captioning for the deaf and hard of hearing, has been the basis of much litigation in the federal courts. For wheelchair-bound patrons, the increasing number of theaters employing stadium-style seating spurred them to the courthouse while for the hearing impaired, it was the development of new technologies that gave impetus to their efforts. Although the plaintiffs have not always been successful, these lawsuits, as well as new Accessibility Guidelines for Buildings and Facilities issued under the Americans with Disabilities Act ("ADA"), are forcing theater owners to make changes to existing theaters and plan new theaters in different ways. (<i>See</i> related article, Proposed Revisions to the ADA's Physical Accessibility Guidelines Released, Sept. 2004 <i>CLLS</i>.)