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Prevent Your Tenant Mix from Turning Your Property into a 'REC' Image

Prevent Your Tenant Mix from Turning Your Property into a 'REC'

Am'lie H. Mailloux

Last month, the author discussed RECs (recognized environmental conditions) in depth. This month, she presents a sample clause regarding a tight tank for a hypothetical Massachusetts hair salon.

Features

Undisclosed Foreign Bank Accounts Image

Undisclosed Foreign Bank Accounts

Peter D. Hardy

On July 17, 2008, UBS A.G., the giant Swiss bank, announced its cooperation with the Department of Justice (DOJ) and the IRS and its identification to the authorities of U.S. clients who use undeclared foreign accounts and thus may have committed tax fraud by concealing income. Herein is a discussion of voluntary disclosure.

Features

FCPA Due Diligence and Data Privacy Laws Image

FCPA Due Diligence and Data Privacy Laws

Jacqueline C. Wolff & Daniel P. Cooper

As Russia, China, India and a host of other countries open their doors to U.S. investors, the number of companies and individuals who need to think about the risk of prosecution under the Foreign Corrupt Practices Act of 1997 (FCPA) has increased tremendously. This article explains.

Features

D&O Liability Policies: A Potential Asset for Troubled Companies Image

D&O Liability Policies: A Potential Asset for Troubled Companies

Sallie Lux

The present economic climate is predictive of increased bankruptcy filings, liquidations, and other insolvencies. Under the appropriate circumstances, a company's directors' and officers' liability policies are potential corporate assets that should not be forgotten or ignored.

Features

The 547(c)(4) New Value Defense: Paid or Unpaid Image

The 547(c)(4) New Value Defense: Paid or Unpaid

Brian L. Shaw & Patrick A. Clisham

It will come as no surprise that there is a long-standing split of authorities among the courts concerning whether or not subsequent new value must remain unpaid for the purposes of ' 547(c)(4). This article discusses where the courts stand today.

Features

A Review of the ITC and the Recent Increase In Filings Image

A Review of the ITC and the Recent Increase In Filings

Rel S. Ambrozy & Matthew T. Bailey

Practitioners before the International Trade Commission have noted a substantial increase in the number of filings and Section 337 investigations over the last several years. In addition to providing possible reasons for that substantial increase, this article provides an overview of IP-related investigations at the ITC, and explores the success rate of the complainants over the respondents in the ITC. Finally, this article considers whether the ITC will be "a victim of its own success," following the pattern of the Eastern District of Texas and the Eastern District of Virginia.

Features

Taming the Tenant's Form of Lease: Common Landlord 'Fixes' Image

Taming the Tenant's Form of Lease: Common Landlord 'Fixes'

Myles Hannan

Part One of this article discussed some of the major landlord "fixes" often required when working from a tenant's form of lease, <i>i.e.</i>, remeasurement, rent, taxes, tenant self-help, default, mitigation, assignment, subordination, and estoppels. This conclusion continues the discussion with additional "fixes."

Features

The Impact of the Internet on Strict Product Liability Law Image

The Impact of the Internet on Strict Product Liability Law

Sarah L. Olson

Strict product liability emerged in the 1960s and 1970s as a potent force shaping the way product manufacturers do business in America. Although the relevant common law of each state has been modified from time to time since its inception, the basic parameters of the theory have been settled for some time. Now, however, market conditions are changing dramatically, and the law is likely to change with it.

Features

And on the 46th Day, Who Wins? Image

And on the 46th Day, Who Wins?

Francis X. Buckley, Jr. & Nicholas H. Kappas

This article provides a review of the basic principles of federal tax liens and secured transactions under Article 9 of the UCC ("Article 9") and discusses certain issues that arise with respect to the priority of federal tax liens against certain interest holders under the "45-day rule" of the Internal Revenue Code of 1986, as amended (the "Code").

Features

What Your Terms and Conditions Tell Your Customers Image

What Your Terms and Conditions Tell Your Customers

Stanley P. Jaskiewicz

What businessperson hasn't complained about how lawyers ruin deals? The simple handshake and bar-napkin agreement too often turns into hundreds of pages of fine print, with hourly billing to match. Yet neither party really knows whether it all actually states the deal as each understood it over handshakes. Sometimes the fallout begins because the contracts are unintelligible to the layman ' not good. Other times, the lawyer may have taken far longer than the deal allowed to write a contract, or simply blew the budget ' also not good. Whatever the cause, these problems lead many businesspeople to wonder whether their lawyers are for them, or against them.

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