Landlords' Liens and Waivers
The landlord's lien may be created either by contract under the terms of the lease or through operation of law, and allows the landlord to levy the property located at the demised premises of a tenant who has failed to pay rent.
Features
Blue Penciling
Some courts have started to change, amend, or revise unreasonable terms in noncompete agreements to render them enforceable. This practice has become generally described as "Blue Penciling."
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Tougher Revised UK Bribery Act Policies
In a development that took some by surprise, on Oct. 9, 2012, the UK's Serious Fraud Office (SFO) issued new policies under the Bribery Act 2010, which could change the way some companies do business.
Features
Tools and Techniques for Defensibly Processing Electronic Data
Pursuant to the Federal Rules of Civil Procedure, if the parties to litigation fail to take reasonable steps to assure that relevant, non-privileged data is produced to opposing parties in response to discovery requests, courts may impose sanctions and may instruct juries to draw an adverse inference. Consequently, parties to litigation must take special care to adhere to defensible standards and practices when processing electronic data, especially since the overwhelming majority of information generated by…
CFTC Rulemaking Under Dodd-Frank Paused
An immense wave of Dodd-Frank litigation will sweep the federal courts in the coming year, following two years of desultory rule-making by the relevant federal agencies.
Features
Race to File Shareholder Derivative Suits in Delaware Slowed by Judicial Roadblock
In two recent opinions with wide-ranging practical implications for companies that are the target of shareholder derivative litigation, Vice Chancellor J. Travis Laster of the Delaware Chancery Court issued a scathing critique of the plaintiffs bar's "first-to-file" mentality in derivative suits.
Features
R.I.P. Jay Jaffe
With sadness, we at Law Journal Newsletters note the passing of Jay Jaffe on Nov. 21. He was a valued member of the Board of Editors <i>Marketing the Law Firm</i> and <i>Internet Law & Strategy</i> and a valued sounding board for the newsletters. He was truly a pioneer in legal marketing and social media. He will be dearly missed.
Features
R.I.P. Jay Jaffe
With sadness, we at Law Journal Newsletters note the passing of Jay Jaffe on Nov. 21. He was a valued member of the Board of Editors of <i>Marketing the Law Firm</i> and <i>Internet Law & Strategy</i> and a valued sounding board for the newsletters. He was truly a pioneer in legal marketing and social media. He will be dearly missed.
Franchisor-Supplier Relationships
It appears that many franchisors have no formal long-term or, for that matter, short-term agreements with their suppliers. Is this an unhealthy move by these franchisors?
Features
Unintended Effects of a 'Belts and Suspenders' Approach
Commercial landlords should carefully review what their tenants are requesting to be recorded against the landlords' fee interests in their properties, and ensure that such documentation is not so ambiguous or overly broad that it could have unintended consequences.
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