Ensuring e-Mail Compliance in the High-Tech Office
August 27, 2007
The new Federal Rules of Civil Procedure ("FRCP") and other compliance and legal requirements imposed by government-induced regulations are causing companies to re-think and re-engineer existing support systems as they strive to manage documentation trails.
Disconnect Between In-House and Outside Counsel
August 15, 2007
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.
COMMITMENTS MADE; COMMITMENTS FORGOTTEN
August 06, 2007
In-house counsel often complain to each other about what they are not getting from their law firms as promised during the proposal and romancing phase. And although outside counsel may be providing services "as usual", and don't challenge themselves to review their promises to new clients, the insiders should hold their feet to the fire. What commitments did the law firm make to you and what do you need to do to remind them that'
The Leasing Hotline
July 31, 2007
Highlights of the latest commercial leasing cases from around the country.
Making the Work Letter Work
July 31, 2007
Part One of this series described six considerations to address in a work letter where the landlord performs the work at its own expense. The conclusion addresses work letters in which the work is done at the tenant's expense by either the landlord or the tenant.
In the Spotlight: Be the Quarterback
July 31, 2007
Most real estate transactions involve not only a lease or purchase of property, but construction and/or development of the property as well. Transactions commonly require the participation of several people, forming a team of experts, to bring the transaction successfully from concept to fruition. Team members may include the real estate broker (or in-house real estate manager), construction manager, architect, site development manager, civil engineer, surveyor, land use/entitlement attorney, environmental attorney, title company, and real estate attorney, as well as paralegals. The entire team needs a central point for the coordination and dissemination of information coming from each team member's particular area of expertise. The large majority of such information will make its way into the contract being drafted and negotiated by the real estate attorney and necessitates that the real estate attorney take the lead (<i>i.e.</i>, be the quarterback) to coordinate, gather, and disseminate information from and to the team members.
Is a Tenant's Option to Purchase Assignable?
July 31, 2007
Last year, a Missouri appellate court affirmed a lower court's holding that where a lease prohibited a tenant from assigning its interest in the lease without the landlord's consent, the tenant also could not assign an option to purchase the real property the tenant was leasing from the landlord, without the landlord's consent. That court held that a tenant's rights under an option to purchase were a covenant that ran with the land, and that the tenant could not assign those rights without the landlord's consent because the lease limited assignment of the lease generally. <i>Megargel Willbrand & Co., LLC v. Fampat Limited Partnership</i>, No. ED 86570, 2006WL956963 (Mo. Ct. App. Apr. 11, 2006)
Movers & Shakers
July 31, 2007
News about lawyers and law fims in the product liability field.
Case Notes
July 31, 2007
Highlights of the latest product liability cases from around the country.
Walking the Line: Sharing Work Product with Testifying Witnesses
July 31, 2007
Attorneys have an ethical obligation to represent their clients zealously. Deposition preparation is key to that obligation. Preparing testifying witnesses educates and focuses them on important issues and facts of a case. This aside, the law regarding disclosure of work product provided to testifying witnesses is not well settled, and 'there is considerable room within which thoughtful judges can reach different conclusions.' <i>Intermedics, Inc. v. Ventritex, Inc.</i>, 139 F.R.D. 384, 387 (N.D. Cal. 1991). Zealous representation, therefore, requires counsel to walk a line between witness preparation on one side and work product disclosure on the other. In so doing, counsel must also remain mindful of the line that exists between acceptable witness preparation and impermissible influencing of a witness. <i>State v. Earp</i>, 571 A.2d 1227, 1235 (Md. 1990). One misstep may lead to disclosure of counsel's mental impressions and strategy and, possibly, to serious sanctions.
