Use of the Premises
This article discusses a number of different types of use clauses and indicates some of the problems inherent in drafting them.
Features
In the Spotlight: Issues with HVAC
Disputes over specialized tenant improvements or exclusive heating and air conditioning systems are common in commercial leasing. Here's how to handle them.
Features
Stay in Touch with REA-lity
This article examines the issues that arise when there is no REA at the time a project is being leased, but there is a realistic possibility that an REA will be required as and when portions of the property are conveyed as separate parcels.
Columns & Departments
Business Crimes Hotline
Analysis of a key ruling.
The SEC Whistleblower Program
Do whistleblowers have an incentive to bypass internal corporate compliance programs? Companies should have strong incentives for employees to report any suspected wrongdoing internally, and reliable systems to ensure that such reports are dealt with quickly and appropriately.
Features
Forced Decryption in Government Investigations
In the wake of the Snowden leaks, makers of encryption products can expect a strong uptick in demand, as encryption will likely become even more widely used.
Perjury and False Statements
Dodd-Frank has granted the Commodity Futures Trading Commission (CFTC) civil enforcement powers to punish false statements in the course of their investigations.
'Parachuting In' to Lead Firms May Be Next Lateral Trend
One of the last bastions of law firms operating as a profession ' the near certainty that a lifelong partner of the firm would be the one at its helm ' appears to be changing ...
At the Intersection: Managing Partners and 'Gamification'
Is "gamification" a passing fad or a performance enhancement technique destined to be an integral part of the legal profession's "New Normal?"
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MOST POPULAR STORIES
- 'Customary Operations' or A Vacant Building?Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'Read More ›
- Reining in the Inequitable Conduct DefenseResponding to views from the U.S. Patent and Trademark Office and elsewhere about the unintended consequences of the current inequitable conduct doctrine, a divided <i>en banc</i> Federal Circuit decision issued on May 25, 2011 adjusted the standard of the materiality element to make this defense harder to establish.Read More ›
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- Authorship and Copyright In Hybrid AI-Human Collaborative WorksThe United States Copyright Office recently issued a letter ruling on the copyrightability of Kristina Kashtanova's comic book-like work, Zarya of the Dawn. The Kashtanova ruling indicates that the Copyright Office's determination of copyrightability of works involving use of AI will rely on whether the author is able to control and foresee with some measure of predictability the output of the authorial processRead More ›
- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›