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Features

In the Spotlight: Rights of First Offer Image

In the Spotlight: Rights of First Offer

Adam Walsh

As the competition to clear vacancies escalates in many office leasing markets, more prospective tenants are able to extract concessions that were once only the province of larger users. This article discusses one of those concessions ' the "right of first offer" or "ROFO."

Columns & Departments

Court Watch Image

Court Watch

Charles G. Miller, Darryl A. Hart

California Court Refuses to Enforce Forum Selection Clause Post- Atlantic Marine

Features

End-of-Life Nursing Care Image

End-of-Life Nursing Care

Linda Norlander

Medical malpractice suits involving nurses who are caring for patients at the end of life are rare. However, they can occur. Nurses can protect themselves by understanding the needs of patients and families at this critical time, by following approved standards of care and by thoroughly documenting their work.

Features

The Settlement Privilege and the Threat of Legal Action Image

The Settlement Privilege and the Threat of Legal Action

Stanley S. Arkin & Lisa C. Solbakken

Is there a time when extortionate threats of meritless litigation become a criminal act that should be exempt from the settlement privilege? This article explores the question.

Features

Good Faith: The European View Image

Good Faith: The European View

Mark Abell & Beata Krakus

In May of this year, we published an article titled "Franchise Agreements and the Duty of Good Faith In European Civil Law," the first part of this two-part study. The discussion concludes herein.

Features

Anti-Assignment Clause? Image

Anti-Assignment Clause?

Steven B. Smith & Dana Gale Hefter

The commencement of a Chapter 11 bankruptcy case by a tenant will typically give rise to myriad issues and challenges for a commercial landlord, based upon various Bankruptcy Code provisions that may, and often will, change the parties' otherwise applicable rights and obligations pursuant to the terms of the lease and applicable non-bankruptcy law.

Internet Copyright Infringement: An Emerging White-Collar Crime Image

Internet Copyright Infringement: An Emerging White-Collar Crime

Jonathan Bick

Both white collar criminal prosecution and civil remedies thwart the unauthorized use of copyrighted material. Traditionally, injunctions and damages are more commonly used than criminal prosecution to frustrate infringements. However, the increasing use of the Internet for infringement activities makes criminal sanctions a better deterrent than traditional civil actions, thus Internet copyright infringement is emerging as a white-collar crime.

Features

Efficient Review in a Time-Sensitive Government Investigation Image

Efficient Review in a Time-Sensitive Government Investigation

Sanjay Manocha

Federal executive departments and agencies have made substantial investments in advanced analytical systems that help investigators and prosecutors filter voluminous amounts of incoming ESI to quickly focus on items of particular interest and relevance to an investigation.

<i>At the Intersection:</i> Cutting Corners Image

<i>At the Intersection:</i> Cutting Corners

Pam Woldow & Doug Richardson

If one purpose of a column or blog is to provoke spirited debate, we surely succeeded in our recent posts on whether client-driven pressures for greater efficiency and cost-control compel outside counsel to "cut corners" in legal service delivery. Passionate and pointed comments filled our e-mail inboxes.

Features

New Fee Models for the New Economy Image

New Fee Models for the New Economy

Anthony L. Lamm

To remain competitive in the new economy, both inside and outside leasing counsel are exploring and utilizing various alternative fee arrangements (AFAs). This article explores the use of AFAs by leasing counsel, and offers some insight into how they may be more effectively utilized.

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