Electronic Discovery in Construction Disputes
June 27, 2012
This article discusses the current electronically stored information (ESI) law, the impending ESI crisis in arbitration, and how resolving office, industrial and retail claims through alternative dispute resolution helps to corral the burdens of ESI discovery for developers, owners, property managers and contractors by managing ESI with specific agreements, guidelines and rules.
In the Spotlight: Emergency Planning Obligations
June 27, 2012
Owners and tenants of commercial buildings sometimes fail to recognize that certain chemicals stored on-site, most notably substances used in a building's mechanical system, could trigger annual reporting obligations.
'Green' Leases Support 'Green' Buildings
June 27, 2012
The interplay between a green building and the traditional legal relationships covered by commercial real property leases forms the nexus of this article.
Facebook Passwords and Child Custody
June 27, 2012
As matrimonial attorneys, we can learn some lessons from the <i>Gallion v. Gallion</i> case. First, tell your clients that they should envision everything they post on Facebook or tweet on Twitter as being printed out on paper and marked as "Exhibit A."
E.U. Data Protection Law
June 26, 2012
On Jan. 25, 2012, the European Union Commission published a draft Regulation that is aimed at replacing the currently applicable E.U. Directive of Oct. 24, 1995 "on the protection of individuals with regard to the processing of personal data and on the free movement of such data." The Directive, and the legislation of each E.U. Member State that resulted from it, are of high relevance for any employer employing personnel in any E.U. Member State.
Mandatory Flu Shots?
June 26, 2012
Although it is only July, it is not too early to start thinking about flu season. Mandatory vaccinations have been the topic of much debate in recent years. This is particularly true for healthcare providers.
Can Employers Sue Employees Under the CFFA?
June 26, 2012
Several decisions issued by federal Courts of Appeal in the past few years suggest that the Computer Fraud and Abuse Act is a truly viable option for employers aggrieved by employee data theft. This article focuses on this group of cases.
In re Grumman
June 26, 2012
A recent decision by the United States District Court for the Southern District of New York explores the tension between the duty to maximize the value of the estate in bankruptcy and the due process rights afforded to future claimants in the context of a sale under ' 363 of the Bankruptcy Code.
Secured Creditors Secure Win
June 26, 2012
In a major victory for secured creditors, the United States Supreme Court unanimously held that a Chapter 11 plan involving a sale of secured property free and clear of a creditor's lien must afford the secured creditor the right to credit bid for the property under section 363(k) of title 11 of the United States Code. In so holding, the Court resolved the split that had emerged among the United States Circuit Courts of Appeals.
