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In the Spotlight: When Drafting Leases, Substance Matters

March 26, 2010

Drafters of (and all parties to) commercial leases should be aware that just using a magic phrase, such as "triple net," is probably insufficient to automatically alter the parties' otherwise express rights and duties.

Court Watch

March 26, 2010

Highlights of the latest franchising cases from around the country.

Reasons to Reevaluate REAs

March 26, 2010

This article raises the issue of whether it is now appropriate to reevaluate some of the primary provisions ' both business and legal 'of REAs.

Policy Outlook

March 26, 2010

Troy Flanagan, director of government relations for the International Franchise Association, recently discussed with <i>FBLA</i> many of the critical federal policy and economic issues that are affecting the franchising industry.

Business Crimes Hotline

March 26, 2010

Recent rulings around the states.

Understanding GAAP

March 26, 2010

So many contracts contain the phrase "in accordance with generally accepted accounting principles," but do lawyers really understand what this phrase means or how it may affect a client in any given contract?

In the Courts

March 26, 2010

Important rulings of interest to you and your practice.

Stays in Parallel Proceedings

March 26, 2010

Because discovery stays can benefit both the prosecution and the defense, each side will continue to request, or resist, them when the need arises. As a result, no significant change in discovery practice in parallel proceedings is likely to come from piecemeal litigation.

Constructive Termination and Constructive Nonrenewal Claims

March 26, 2010

On March 2, 2010, the U.S. Supreme Court unanimously held that a franchisee that stays in business cannot sue for constructive eviction under the Petroleum Marketing Practices Act. The Court also decided that a franchisee waives its constructive nonrenewal claim when it enters into a renewal agreement.

Prosecutors, Agents and Witnesses

March 26, 2010

Because prosecutors have a responsibility not merely to win, but to ensure that the defendant has a fair and impartial trial, it is professional misconduct for a prosecutor to intimidate or improperly influence a defense witness to change his or her testimony or to refuse to testify for the defense.

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The DOJ's Corporate Enforcement Policy: One Year Later
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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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