Don't Ask and Don't Tell
June 27, 2011
Organizations that obtain, use and/or disclose an applicant's or employee's genetic information may run afoul of Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits companies from using genetic information to make employment decisions.
Staying Afloat Through the Flood
June 27, 2011
This article discusses key issues that companies should consider in pursuing contingent business interruption claims arising from the Mississippi River flooding.
Where Is the Data?
June 27, 2011
If you walk into the Meet and Confer or 26(f) meeting of parties unprepared for an informed discussion of electronically stored information (ESI), the repercussions are serious. Here's how to prepare.
Quarterly State Compliance Review
June 27, 2011
This edition of the Review looks at some legislation of interest to corporate lawyers that went into effect from May 1 through July 1, 2011. It also looks at recent decisions of interest from the courts of Delaware, California, and Nevada.
SEC Adopts New 'Bounty Hunter' Rules Designed to Encourage Whistleblowers
June 27, 2011
The SEC recently adopted "bounty hunter" whistleblower rules that are likely to encourage employees of public companies to report potential violations of securities laws directly to the SEC, rather than in accordance with established internal company compliance and reporting procedures.
Negligence Claim Precluded by Real Estate Service Contract
June 27, 2011
In <i>Greenwood Land Co. v. Omnicare Inc.</i>, the U.S. District Court for the Western District of Pennsylvania precluded a tenant from claiming negligence against its real estate management company under the gist of the action and economic loss doctrines as a result of a contract that existed between the parties.
Adequacy of Insurance Limits
June 27, 2011
At a time when frugality is in vogue, risk managers acting for landlords and tenants need to be mindful of all elements that can affect the potential value of insurance coverage to be required pursuant to leasehold covenants.
Retail Leasing in Tough Times
June 27, 2011
This article discusses opportunities that tenants should consider toward reducing fixed-rent costs, and obtaining more favorable lease terms.
CMBS Certificate Holders Denied Standing in Innkeepers
June 27, 2011
In one of the first decisions of its kind, the United States Bankruptcy Court for the Southern District of New York, in <i>In re Innkeepers USA Trust, et al.</i>, ruled that a holder of commercial mortgage-backed securities ("CMBS") did not have standing to raise objections as a party-in-interest in a bankruptcy case.
