Document Retention and Spoliation
October 26, 2009
Corporate counsel should note recent legal developments surrounding spoliation ' the destruction or significant alteration of evidence, or the failure to preserve property for another's use as evidence in pending or reasonably foreseeable litigation. This violation occurs when one party intentionally or negligently breaches its duty to preserve potentially discoverable evidence.
Corporate Internal Investigations
October 26, 2009
While companies conduct internal investigations for many reasons, the results of these investigations are often shared with the government. But the disclosure required by that cooperation leaves open the real possibility that the attorney-client privilege and the work product doctrine may be waived.
Attorney Work Product at Risk
October 26, 2009
A new federal appeals court decision promises to give significant pause to corporate counsel, particularly in-house tax attorneys. To their dismay, the First Circuit has ruled that no amount of anticipation of litigation, nor the intimate involvement of legal counsel, can ever immunize so-called "tax accrual workpapers" from discovery by the IRS.
Leveraging Your Lease in These Turbulent Times
October 26, 2009
Now is the time for retail landlords and tenants to put themselves in the strongest possible legal and economic position. Using the steps in this article, a landlord or tenant can proactively evaluate where it currently stands, identify positions of strength and weakness, and execute on the strongest possible strategy.
In the Spotlight: Supporting Struggling Tenants
October 26, 2009
In deciding whether to grant a rent deferral, landlords should consider certain issues and strategies. This two-part article will discuss nine factors every landlord should consider.
Retailer Transparency and Landlord Agility
October 26, 2009
Shopping center and store landlords have been rudely surprised by the speed and breadth of their tenants' downward spiral in the economic implosion of the past year. But the damage might have been mitigated by corrective measures taken earlier in the cycle.
Trade-in Value and Auto Loans After Bankruptcy Reform
October 26, 2009
An in-depth discussion of the 910-day provision and the hot debate surrounding it, this article is intended to provide a complete and exhaustive review of the legislative record to assist market actors and courts.
Are You Prepared for e-Discovery?
October 26, 2009
Bankruptcy courts, practitioners, trustees and examiners are facing a new reality with which many federal court litigants and their counsel are already painfully familiar: The dire economic and legal consequences of failing to properly identify, preserve, collect, review and produce relevant ESI electronically stored information (ESI).
Heightened Pleading Standards Apply to Avoidance Complaints
October 26, 2009
Parties to preference and fraudulent transfer actions should pay careful attention to the decision in <i>In re Caremerica, Inc.</i>, where the judge dismissed certain avoidance claims and upheld others asserted by a Chapter 7 trustee. <i>Caremerica</i> provides useful guidance on whether particular elements of a preference or fraudulent transfer claim have been adequately pled.
