Features
Reassignment to a Vacant Position Under the ADA
In a recent decision, the Seventh Circuit held that the ADA obligates employers to reassign employees with disabilities to vacant positions for which they are qualified, provided that such accommodation is reasonable on its face and would not present an undue hardship to the employer.
Features
Open-Source Risk Management Tools
This article discusses various risk management tools that in-house counsel can rely on to perform effective open-source due diligence in software acquisitions.
Features
The Murky World of Online Privacy
This article examines the compliance issues raised by California's Online Privacy Protection Act, and the FTC's recent changes to the federal Children's Online Privacy Protection Act, and what companies must do to ensure they are not in violation.
Dispelling 10 Myths About Bankruptcy
Corporate bankruptcy is an area that is often feared and misunderstood by those who believe that bankruptcy will be the end of their business. In reality, most businesses operate with limited difficulty in Chapter 11.
Managing an Enterprise Mobile Device Program
Risk management and other considerations when setting up a "bring your own device" (BYOD) program in your company.
DE Court Refuses to Enjoin Stockholder Vote for Alleged Disclosure Violations
M&A practitioners frequently face the vexing issue of whether to include target company financial projections in stockholder solicitation materials. A look at a recent ruling.
Features
Is a 'Lease' a Lease, or Something Else?
As a New York appellate court recently instructed in <i>Women's Interart Center v. New York City Economic Development Corp.</i>, a "lease" may or may not be a lease, depending on the agreement's terms.
Forum Selection Clause an Important Provision in Franchise Agreements
In a case reminiscent of a man-bites-dog story, a franchisor's action to enforce its post-term restrictive covenant was recently dismissed for being in violation of its own forum selection clause.
Features
The Lease Year: Let's Keep It Simple
The date that a lease begins is an extremely important lease issue. To help reduce the possibility of successful lease audits, wise practitioners utilize something called the "Lease Year."
In the Spotlight: Renewing a Lease
The market has seen significant activity in lease renewals. This article examines the steps to be taken and the key issues to keep in mind if you represent either a landlord or tenant looking at a lease renewal as an option.
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MOST POPULAR STORIES
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- Inferring Dishonesty: The Fifth Amendment and Fidelity CoverageDishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud & Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>Read More ›
- When Is a Repair Structural or Nonstructural Under a Commercial Lease?A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."Read More ›