The Future of Honest Services Fraud
July 28, 2010
On June 24, the U.S. Supreme Court sharply limited one of the federal prosecutors' favorite statutes: honest services mail and wire fraud. So where does the law of honest-services fraud go from here?
In the Spotlight: The Impact of Landlord Bankruptcies on Commercial Tenants
July 28, 2010
Landlords entering bankruptcy protection have the opportunity to reject (and elect to terminate) leases on their properties per the range of debtor rights under the U.S. Bankruptcy Code. Here are some questions tenants may have to deal with.
When Is a Lease of Personal Property a 'True Lease'?
July 28, 2010
This article discusses the advantages and disadvantages of a "true lease" versus a security agreement, the legal considerations in determining how an agreement should be characterized under the UCC, and some interesting recent decisions in this area.
Policing Workplace e-Mail Use
July 28, 2010
Under what circumstances do employees who use a workplace computer to communicate with their attorneys waive the attorney-client privilege that would normally attach to such a communication? A recent ruling from New Jersey addressed this question.
Supreme Court Broadens Statue of Limitations for Disparate-Impact Cases Under Title VII
July 28, 2010
In a recent landmark decision significantly increasing risk and liability for employers with respect to policies and practices that may have a disparate-impact on minorities, the U.S. Supreme Court held that the time within which plaintiffs may file disparate-impact claims under Title VII is not limited to the first 300 days following the employer's adoption of the challenged policy.
Law Firm May Remain Liable for Rent After Partner's Departure
July 28, 2010
A law firm that broke its lease when a partner left ' avowedly because the firm no longer existed ' cannot get out of the rent that easily. At least not in New Jersey.
Growing Green Leases
July 28, 2010
With the increased interest on the part of both landlords and tenants in "green" leases, more landlords are striving for LEED certification, and more tenants are considering this as a major factor in choosing a location. But how can the parties best write the lease?
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