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April 28, 2010

Managing outside counsel, particularly a large firm, can be particularly challenging. This article discusses 10 recommendations for strengthening the partnership between inside and outside counsel.

Avoiding FCPA Liability with a Robust Compliance Program

April 28, 2010

With crystal clarity, the U.S. Government has signaled its intentions regarding enforcement of the Foreign Corrupt Practices Act (FCPA): far greater resources devoted to FCPA investigations, and far harsher penalties for FCPA violations.

New Arbitration Rules

April 28, 2010

Following in the footsteps of its very successful mediation program, the Delaware Court of Chancery recently added a new weapon to its arsenal of alternative dispute resolution options.

The Leasing Hotline

April 28, 2010

Recent rulings of importance.

Tax Issues for Real Estate Leasing by Tax-Exempt Organizations

April 28, 2010

This article, the last in a four-part series, examines the issues involved when a tax-exempt organization carries or incurs debt with respect to real estate from, or to which, it receives income unrelated to its exempt purposes.

In the Spotlight: Landlords and Tenants Mediate Conflicts

April 28, 2010

Whether or not tenants have protective lease provisions, conflicts frequently arise with landlords facing economic stresses, and more often arise with the successor landlord, foreclosure purchaser. These conflicts threaten ' and often result in ' litigation.

Reevaluating REAs

April 28, 2010

Part one of this three-part article discussed how the economy has impacted the flexibility and control of REAs. Part Two herein focuses on operating covenants and monetization of real estate.

What's New in the Law

April 28, 2010

Highlights of the latest equipment leasing cases.

U.S. Immigration Law

April 28, 2010

U.S. law firms and their clients are subject to scrutiny by the U.S. Immigration and Customs Enforcement (ICE). This article outlines some of the key components of federal law related to employer duties regarding immigration compliance. In March 2010, U.S. Immigration and Customs Enforcement (ICE) announced that it was issuing Notices of Inspection to 180 businesses in several states.

UCC ' 1-203: A Few Lesser (and Not Always Lessor) Known Pitfalls

April 28, 2010

This article discussed the unexpected (and, for a lessor, sometimes unfortunate) consequences that can result by not understanding all the nuances of UCC ' 1-203.

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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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Law Firm Management
The Business of Legal Spend: How Finance Professionals Can Drive Smarter Outside Counsel Management
Legal spend has become a core business issue that now shapes financial planning, operational decision making and risk management. What once lived primarily in the legal department has become a shared responsibility across client legal, finance, and operations teams and their outside counsel.
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Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
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The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
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Artificial Intelligence
When Efficiency Meets the Duty to Verify: Reflections on The Verification-Value Paradox
The Verification-Value Paradox states that increases in efficiency from AI use “will be met by a correspondingly greater imperative to manually verify” the outputs. The result is that the net value of AI in many legal contexts may be negligible once verification is honestly accounted for. For low-stakes tasks, verification costs are light. For core legal work, verification costs are heavy. That’s the tension.
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