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Med Mal News
August 31, 2006
Recent happenings of interest to you and your practice.
Drug & Device News
August 31, 2006
Recent headlines.
The Leasing Hotline
August 30, 2006
Highlights of the latest commercial leasing cases from around the country.
Opportunities for Landlord Abound When Tenant Exercises Renewal Option
August 30, 2006
When a tenant exercises an option to renew its lease, the landlord's usual inclination is to save time and effort by treating the tenant's notice letter as sufficient to accomplish the renewal. This inclination should be strongly resisted ' not only because such a notice may be inadequate, but also because the landlord may be missing out on an opportunity to update the original lease and often improve upon the existing documentation. This is especially true where the renewal is at 'market,' which offers the landlord the possibility to argue that certain changes are necessary to conform to market conditions.
In the Spotlight: But for an Option, the Kingdom Was Lost
August 30, 2006
When I was just a young boy, my father sat me down and said, 'Son, if you're going to rent, remember to get options to renew,' And he added, 'Don't be a sucker. Make sure those options are at a fixed rent.'
Drafting a More Effective Default Clause
August 30, 2006
Attorneys are making too much money litigating disputes between commercial landlords and tenants. Even the most frequently used 'standard form' leases permit tenants to stall and strangle property owners. Moreover, these same leases leave tenants without proper recourse when property owners fail to follow written commitments. Instead of blaming the judicial system, a judge, a landlord, or tenant ' to paraphrase Shakespeare ' it is time that we practitioners recognize that the fault is not in our stars but in our leases. Because they are the enforcement provision in a commercial lease, default clauses must be revised and developed to better meet the needs of landlords and tenants under the judicial system.
Business Crimes Hotline
August 30, 2006
National rulings you need to know.
In the Courts
August 30, 2006
Recent key rulings.
Reduced Qui Tam Exposure for Firms That Fail to Self-Report?
August 30, 2006
A recent decision of the U.S. District Court for the District of Columbia limited the reach of the 'reverse false claims' provision of the civil False Claims Act, 31 U.S.C. ' 3730(a)(7). This opinion, if followed by other courts, will reduce the risk of civil False Claims Act liability for companies accused of failing to self-report regulatory violations in settings where self-disclosure is required.
Milberg Weiss and The 'Nigerian Barge' Case
August 30, 2006
The recent indictment of the securities class-action powerhouse Milberg Weiss Bershad & Schulman and two of its named partners has been the topic of much recent discussion, centering on the law firm's notable refusal to waive the attorney-client privilege during the government investigation, which likely contributed to the government's decision to indict the firm. But the indictment is also notable as the latest high-profile use of the federal mail and wire fraud statutes to combat private-sector corruption.

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