Base Salaries Up; Bonus Levels Mixed
November 28, 2006
The recently released 2006 Altman Weil Law Department Compensation Benchmarking Survey of U.S. corporate law departments, published in partnership with LexisNexis Martindale-Hubbell, shows base salaries up across the board for in-house lawyers in 2006.
New Federal Discovery Rules: A Compliance Roadmap
November 28, 2006
Revised Federal Rules of Civil Procedure have likely gone into effect as you read this. They place a very early focus on existing retention practices and the preservation and discovery of information. For companies without modern enterprise retention programs and robust legal holds processes, a thoughtful gap analysis and readiness plan should be completed immediately.
Compliance Hotline
November 28, 2006
Recent rulings of importance to you and your practice.
UK Subsidiary?
November 28, 2006
U.S. corporations with UK subsidiaries should be aware that company law in the UK is currently going through a process of significant review and change. There is compelling evidence that when the Company Law Reform Bill comes into force next year, the risks facing UK company directors will be at an all-time high. For the first time, the new legislation introduces a statutory basis for claims by shareholders against directors for negligence, default, breach of duty or breach of trust. In this article, we look at the impact of the proposed changes in the context of a global shift toward greater accountability to shareholders, and the potential consequences for businesses having a presence in the UK.
The Leasing Hotline
November 28, 2006
Highlights of the latest commercial leasing cases from around the country.
Understanding and Utilizing Percentage Rent Provisions
November 28, 2006
As retailers like to say, 'The three most important factors in retailing are location, location, location.' The real value of a retail lease, however, resides in the volume of sales produced at the location; therefore, the provider of the location — namely, the landlord — is a key player in the retailer's success. That is why percentage rent has developed in retail leases as a way by which the landlord that provides a successful location might share to some degree in that success.
In the Spotlight: Silica Liability and the Premises Owner
November 28, 2006
Part One of this series explored the reasons why landlords should be concerned about silicosis litigation. This conclusion suggests some measures that landlords can take to avoid ' or at least reduce ' such litigation.
Director Independence
November 28, 2006
Director independence continues to be a focus of investors and regulators, as evidenced by the new director independence and related person transactions disclosure rules of the Securities and Director independence continues to be a focus of investors and regulators, as evidenced by the new director independence and related person transactions disclosure rules of the Securities and Exchange Commission (SEC), which accompanied the more renowned changes to the SEC's executive compensation disclosure requirements. This article discusses these new SEC disclosure rules as well as the independence criteria and disclosure rules of the New York Stock Exchange (NYSE) and Nasdaq. We review guidelines of proxy advisers, focusing on use of categorical standards to strengthen applied independence criteria, as appropriate, and to filter out certain immaterial relationships that would otherwise need to be specifically considered by a listed company's board in assessing independence. This article summarizes several of the more common types of categorical standards and variations within such standards. Finally, this article provides compliance practice tips.
Considerations in Drafting and Negotiating Early Lease Terminations
November 28, 2006
The first impression one may have when preparing to draft an early termination agreement is that such a document should be a simple matter. It is true that simplicity and brevity in drafting are, in most circumstances, admirable qualities, and it is equally true that we frequently draft and negotiate documents that are much more complex than most lease termination agreements. Nevertheless, as with any effort to document a transaction, care must be taken in the preparation and negotiation of such an agreement to avoid overlooking potential risks and to protect the client's interests. This article explores some considerations in documenting the early termination of a lease, though not necessarily in order of importance. Although some specific suggestions are made and some sample provisions are included, the primary intent of this discussion is to alert the leasing practitioner to various issues and pitfalls that may be encountered.
