The EEOC's Strategic Enforcement Plan
May 24, 2013
For General Counsel looking for a cost-effective way to reduce risk and to stay off the EEOC's radar, knowing what the EEOC's national priorities are and conducting a self-audit in these six areas is a good start.
SOX Prohibition on Loans to Officers and Directors
May 24, 2013
On March 4, 2013, the SEC issued a no-action letter in response to a request for interpretive guidance regarding the applicability of Section 402 to a program that would allow directors and executive officers to obtain credit utilizing equity grants made by a public company issuer. Here's what this means.
The Repair and Maintenance Gap
May 24, 2013
Many commercial leases have what can be called a "repair and maintenance gap." This gap is created when the lease specifies certain repairs and maintenance for which each of the tenant and the landlord are responsible, but then is silent on others.
In the Spotlight: The Assignment Provision
May 24, 2013
Tenants are accustomed to negotiating assignment provisions heavily as they relate to a third-party transfer. However, the effects that such provisions can have on a tenant's corporate autonomy are often overlooked.
Areas of Concern When Leasing Previously Improved Space
May 24, 2013
Quite often, prospective tenants are considering leasing space that has been improved by former tenants. This article addresses certain concerns, and ways in which prospective tenants can seek to reduce their risk.
When Worlds Collide
May 24, 2013
The first part of this article discussed the collision of the bankruptcy and public finance worlds, and the damage caused to bondholders and their respective professionals. The discussion concludes herein with a look at two additional rulings.
The Evolution of New Value Plans
May 24, 2013
A recent decision by the Seventh Circuit Court of Appeals, <I>In re Castleton Plaza, LP</I>, has put into question the application of the new value corollary in future Chapter 11 cases.
'Immediate and Appropriate Corrective Action'
May 24, 2013
Most employers know of their obligation to take immediate and appropriate corrective action to prevent harassment in the workplace. But this obligation extends to preventing harassment by <I>non-employees,</I> including, for example, customers, patients, and university students.
