Federal Task Force Urges Rules For Electronic Proofs in Criminal Cases
September 01, 2003
A federal task force studying use of technology in the criminal justice system has reported that electronic evidence is playing a growing role, and the increased use has judges and attorneys worrying about its costs and the need to train users. Judges, in particular, are also concerned that "there be an equity of resources between prosecution and defense counsel," according to the report.
FCC Grants Time to Comply with No Fax Ad Rule
September 01, 2003
Over the last month or so, the Federal Communications Commission's (FCC) changes to its rule regulating unsolicited faxes has been generating some high-volume buzz.
What Not to Do in ADA Cases
September 01, 2003
A recent case in the Federal District Court for the District of Maine offers in-house counsel and others providing employment law advice to corporate clients with a lesson in what not to do when faced with an employee suffering from a mental health disability and seeking leave for hospitalization as an accommodation.
Courts Turn Up Corporate Heat
September 01, 2003
The highly publicized accounting scandals at Enron, WorldCom and other large corporations have prompted a concerted legislative and regulatory response from Congress, the Securities and Exchange Commission (SEC), and the national securities exchanges. While there has been little in the way of legislative reaction at the state level, several recent court decisions reflect that state corporate law is not immune from the impact of these scandals. Using existing judicial doctrine, but applying it in a fashion that appears to indicate an increasing toughness with respect to corporate directors and officers who do not live up to their obligations, the judiciary has turned up the heat on corporate fiduciaries.
Talent Management: Three Controversial Practices Debated
September 01, 2003
Making the most of your law department talent calls for the utmost in managerial ability. This series has offered some ideas for how to do so. This article discusses three controversial practices: forced rankings, telecommuting and job sharing.
The Survey Says...
September 01, 2003
Preliminary results from our legal spending survey shows general counsel balancing an increased need for outside counsel with pressure to reduce costs.
Hotline
September 01, 2003
Recent developments of interest to corporate counsel.
The Leasing Hotline
September 01, 2003
Highlights of the latest commercial leasing cases from around the country.
Out of Bounds: Radius Restrictions in Shopping Center Leases
September 01, 2003
A common restrictive covenant in shopping center leases is the so-called "radius restriction," a lease provision that prohibits a tenant from opening a competing establishment within a proscribed distance from the present location. Typically, a radius restriction goes hand in hand with a percentage rent provision, which allows the landlord to participate in the tenant's gross sales after a certain threshold or "break point" is achieved.
In the Spotlight: Subtenants Should Arrange for Parking Spaces
September 01, 2003
Subtenants that sublease space in buildings where parking is made available by the prime landlord for an additional charge should make the proper arrangements with the prime landlord prior to the execution of the sublease in order to ensure that such parking is available as of the commencement of the sublease and will remain available during the term of the sublease.
