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DE Court Provides Important Guidance on Indemnification of Directors and Officers
May 28, 2012
Although director and officer indemnification is not a new concept, there is limited judicial precedent interpreting DGCL ' 145. Thus, the recent Delaware Court of Chancery decision in <i>Hermelin v. K-V Pharmaceutical Company</i> is most welcome.
The Leasing Hotline
May 28, 2012
A look at recent litigation.
Lease Due Diligence
May 28, 2012
When negotiating a lease of a parcel that is subject to an REA, a practitioner must be aware that there are many ways that an REA can adversely impact a tenant. This article lists eight factors to consider when reviewing an REA.
In the Spotlight: Renewing a Retail Lease
May 28, 2012
This article examines the topics that should be contemplated in an amendment to an existing lease, and also discusses the manner in which these issues may be addressed.
Your Tenant Is in Default, But the Entity Does Not Exist
May 28, 2012
More often than you might think, landlords enter into leases with tenant-entities only to find later, when the tenant defaults under the lease, that the tenant-entity was never lawfully formed or did not exist at the time of entering into the lease.
In the Courts
May 27, 2012
An in-depth analysis of key decisions of note.
Business Crimes Hotline
May 27, 2012
Analysis of two separate decisions of note.
When Taking Proprietary Information Is Not a Crime
May 27, 2012
In back-to-back decisions, the Ninth and Second circuits interpreted three different federal statutes '' the CFAA, the NSPA, EEA '' in ways that narrowed federal prosecutors'' ability to charge former employees for stealing proprietary information from their companies.
Update: The IRS Whistleblower Program
May 27, 2012
This article continues last month's discusssion with a look at the IRS whislteblower program's success to date, as well as proposed improvements to the program.
The Fragile Fifth Amendment
May 27, 2012
When the contents of electronic devices are encrypted, must the owner facilitate the government's review by decrypting the data or supplying the password to do so? A look at recent rulings.

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