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  • Establishing and understanding the standard for measuring rentable space is a foundation needed when negotiating commercial real estate leases. This article briefly describes the methods used to measure the rentable area for office, retail and industrial leases and suggests sample lease language for both landlords and tenants.

    December 31, 2015John G. Kelly
  • Anecdotal evidence suggests that a once common cross-examination technique ' impeachment with so-called "learned treatises" ' may be passing out of favor. If so, the trend should be reversed.

    December 31, 2015John L. Tate
  • There was a time when people who were sick or pregnant would go to the doctor's office and be examined and treated by a physician. As the practice of medicine and the provision of health care continue to evolve, it has become increasingly common that diagnosis, care and treatment are provided not by physicians, but by other health-care professionals, such as nurse practitioners and midwives.

    December 31, 2015Thomas A. Moore and Matthew Gaier
  • Over the last several years, the Financial Industry Regulatory Authority (FINRA) has continued to emerge as a consequential securities transaction regulator, acting in the stead of the traditional authority imposed by DOJ and the SEC. Certainly, this manner of delegation of a prosecutorial function to an administrative agency has been the subject of criticism.

    December 31, 2015Stanley S. Arkin and Lisa C. Solbakken
  • Many believe that we are on the precipice of a deluge of litigation ' both individual and multiparty/class action ' concerning how an individual's data is handled and the remedy, if any, if that data is misused or wrongfully disclosed. A case recently argued before the U.S. Supreme Court involves the intersection of the Internet and privacy laws and may affect the future of litigation against companies that operate on the Web as well as traditional brick-and-mortar businesses.

    December 31, 2015Shari Claire Lewis
  • Anecdotal evidence suggests that a once common cross-examination technique ' impeachment with so-called "learned treatises" ' may be passing out of favor. If so, the trend should be reversed. Here's why.

    December 31, 2015John L. Tate
  • Recently, in In re Revel AC, Inc., the Third Circuit provided guidance on "how to conduct a balancing of the stay factors." While the court's analysis in Revel was not a shocking revelation, it provides significant guidance on the most effective way to avoid losing appeal rights to the hard-to-pin-down doctrine of equitable mootness.

    December 31, 2015Brian L. Shaw and Allison B. Hudson
  • Like many others, parties engaged in or deriving income from the legal commercialization of medical marijuana, either directly or through another party are not immune to financial distress, and sometimes, seeking bankruptcy relief may be strategic or necessary. Unfortunately, Marijuana-Related Parties have found elusive the protections and benefits under the Bankruptcy Code.

    December 31, 2015Robert C. Yan
  • More than ever before, in-house counsel are focused on and willing to devote resources to cybersecurity, a comprehensive survey from the Association of Corporate Counsel (ACC) found. But many have yet to take the necessary steps to ensure their data is protected. As the survey and anecdotes from general counsel show, for many companies, it isn't until after a data incident that they address what areas need shoring up.

    December 31, 2015Gina Passarella