Real Estate Issues In the Cellular Industry
Wireless devices allow the user to remain connected to the world without being tied down to a particular place. However, this freedom to roam is wholly dependent on technology that, in order to function effectively, relies on numerous parcels of real property at locations around the world. This article describes the real estate interests that underlie the operation of the cellular communications industry.
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Landlord's Right of Relocation
This article addresses issues that should be raised by the tenant based upon the landlord's relocation right, as well as certain strategic requirements that the tenant should insist upon before allowing the landlord to have a relocation right in the lease.
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The Landlord's Lien under the Uniform Commercial Code
While used less frequently than security deposits and personal guarantees, granting the landlord a security interest in its personal property can enhance a tenant's credit. This device may be more effective when conferred by certain types of tenants than by others, but nevertheless, it may provide the landlord with a potent default remedy, particularly in a fragile market.
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In the Courts
A recent case about sentencing guidelines.
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CFTC Rulemaking Under Dodd-Frank Paused
An immense wave of Dodd-Frank litigation will sweep the federal courts this year, following two years of desultory rule-making by the relevant federal agencies.
Drug Misbranding Redefined
The U.S. Court of Appeals for the Second Circuit has thrown the concept of criminal liability for misbranding by means of off-label-use promotion into turmoil in <i>United States v. Caronia.</i>
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FCPA Anti-Bribery Liability for a Subsidiary's Conduct
The new Guidance raises the question of how much, if any, knowledge and control of a subsidiary's bribery, as opposed to its actions generally, the government believes is necessary for a parent to be held liable under the FCPA's anti-bribery provisions ' and whether the answer is different for the DOJ than for the SEC.
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