When Affirmative Defenses Fail, Guarantors May Prevail On the Question of Lease Enforceability
July 01, 2016
Third--party guaranties and commercial leases are distinct legal instruments. Although the two are often executed simultaneously, and it is not unusual for a single person to sign a lease in her corporate capacity and a guaranty for that same lease in her personal capacity, each document creates its own set of obligations as between a different set of contracting parties.
Fundamental Issues in U.S. Taxation of Foreign Entertainers and Athletes
July 01, 2016
Even if a foreign athlete or entertainer has spent "too many" days in the United States and satisfies the "substantial presence test" (i.e., the individual's weighted sum of days over a three-year period is at least 183 days), there are two important ways in which the individual might nevertheless be treated as a nonresident, rather than a resident, alien.
'Consent to Assignment' Clauses
July 01, 2016
Last month, in Part One of this article, we discussed the fact that most insurance policies contain anti-assignment provisions, purporting to prohibit the assignment of interests in the policy without the insurer's consent. Insurers rarely offer their consent to assignments. The discussion concludes herein.
On the Move
July 01, 2016
Who's doing what; who's going where..
Finalizing a Divorce? Wait, Just One More Thing '
July 01, 2016
It should come as no surprise that, at the end of all the legal and emotional wrangling in finalizing a divorce, clients (and, often, their lawyers) are loathe to tackle issues addressing end-of-life. But estate planning is a must.
Making Informed Choices about the Deep, Dark Web
July 01, 2016
A majority of Internet traffic and online data lives beneath the surface of the Web as we know it. In the darkest, hidden recesses of the Internet, individuals engage in illicit activities and cybercrimes, but also in substantial activism, journalism and sensitive communications.
Create a Unified Team By Integrating Your Talent Functions
July 01, 2016
As firms strive to maximize operational efficiencies and increase the effectiveness of recruiting and retention across the talent spectrum, many are evaluating how to best align their talent function to the firm's values and business objectives, essentially with the common goal of delivering excellent client service and enhancing employee career satisfaction.
Antitrust and Corruption
July 01, 2016
In March 2016, nine Brazilian executives received prison sentences from a Brazilian court ranging from 10 to 19 years for their roles in the $35 million Petrobras Scandal, a scheme among construction and engineering companies to submit fraudulent bids to, and bribe agents of, the state-owned oil company, Petroleo Brasileiro SA (Petrobras). Several former Petrobras directors and a manager were also sentenced, some to more than 20 years in prison.
General Jurisdiction After <i>Daimler AG v. Bauman</i>
July 01, 2016
As noted last month, the Supreme Court's recent decision in <I>Daimler AG v. Bauman</I> profoundly altered the law of personal jurisdiction when it held that a corporate defendant is subject to general personal jurisdiction only where the corporation may fairly be "regarded as at home." The discussion concludes herein.
