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&lt;b&lt;<i>In the Spotlight:</i></b> Cumulative CAM Caps
September 02, 2015
There is a knee-jerk reaction from many tenants to avoid cumulative CAM caps, but the rationale and policies behind them are reasonable, and both the parties should be able to satisfy their concerns with some variation of a cumulative CAM cap.
Navigating Insurance Coverage Issues in Med Mal Litigation
September 02, 2015
In last month's newsletter, we saw that insurance problems may lurk in the shadows, even for those medical professionals and entities that think they are fully covered. We continue the discussion of "insurance traps" here.
FATCA's Due Diligence Expansion
September 02, 2015
In 2010, Congress enacted the Foreign Account Tax Compliance Act (FATCA) in order to target U.S. taxpayers using offshore accounts to hide monies overseas. Although Congress' purpose and intent in passing FATCA was met, it has been achieved at a cost of imposing heavy burdens on those already compliant.
New Report Offers Statistics On Copyright Cases
September 02, 2015
Lex Machina, a legal analytics company that grew out of a project run by Stanford University's law school and its computer science department, has published a 37-page "copyright litigation report" developed from litigation data and court decisions covering thousands of copyright cases filed in U.S. district courts over the past five years. The report analyzes key filings, findings, judgment types, decisions, resolutions, damages and other data.
The Attorney-Client Privilege
September 02, 2015
Despite the ubiquitous nature of the attorney-client privilege, attorneys generally understand far less about the nuances of the invocation of the attorney-client privilege than they should, particularly in the context of interacting with former employees of a corporate client.
The Impact of Business Intelligence
September 02, 2015
Businesses across a range of industries see the value in optimizing their processes, as doing so can have a significant impact on both their top and bottom lines. The challenge has always been how to gain insight into the areas of inefficiency and execute a plan to optimize.
Med Mal News
September 02, 2015
Analysis of two recent cases.
<b><i>Mach Mining, LLC v. EEOC:</i></b> The Supreme Court Approves Limited Review of EEOC's Conciliation Efforts
September 02, 2015
Last April, the Supreme Court held that the defendant in a lawsuit brought by the EEOC may raise the agency's failure to engage in conciliation as a defense. It reversed a decision by the Seventh Circuit, which had held ' contradicting other circuits ' that the EEOC's conduct of the conciliation process is not judicially reviewable.
NLRB General Counsel Shines Guideline Light On Employer Work Rules
September 02, 2015
In an effort to "help employers to review their handbooks and other rules, and conform them if necessary, to ensure that they are lawful," the NLRB general counsel recently issued a 30-page memorandum setting forth guidance on employers' internal personnel policies to ensure compliance with the NLRA. The report is relevant to nearly all private employers, regardless of whether they have union-represented employees.
Supreme Court to Focus Legal Spotlight on Spousal Guaranty Issues
September 02, 2015
Spousal guaranties are about to receive additional scrutiny now that the United States Supreme Court has decided to grant certiorari to a decision by the Eighth Circuit regarding whether a spousal guarantor is an "applicant" entitled to bring an action under the Equal Credit Opportunity Act and related implementing regulation (Regulation B).

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