It is happening more and more — anchor stores going dark and landlords scrambling to fill the void. Unfortunately, in their zeal to relet, often landlords offer their empty spaces to prospective tenants who will change the structure of the center and compete with existing tenants. This article will discuss several bases upon which tenants may be able to rely to prevent a competitor from moving in, quite literally, next door.

Lease provisions that provide for the tenant to make periodic payments to the landlord for parking privileges are often unclear as to whether the tenant is required to pay for the availability of such spaces, whether or not the tenant utilizes them.

Given the age-old maxim of retailers that what matters is 'Location, Location and Location,' it is often difficult for an in-line retail tenant to confront the fact that its landlord can require it to relocate its store to other space in a mall or shopping center. On the other hand, owners of malls and shopping centers must retain the right to expand, to add new anchors and to remerchandise their properties from time to time — thus, the 'Relocation' provision found in virtually all forms of in-line retail leases. This article explores the major issues that a relocation provision creates for a retail tenant and how some of those issues might be addressed in the lease.

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Recent developments of interest to corporate counsel.

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The general counsel function is the critical crossroads of corporate America. Even the most skeptical of senior managers and board members evince a growing awareness that the role of the general counsel is crucial and strategic, and not merely technical and subordinate. The question, however, is whether this crossroads can bear the increasing volume and weight of the traffic coming its way.

A key element to in a successful law department is management of in-house legal talent. By the term 'talent management,' we mean all the methods available to general counsel for training, mentoring, coaching, motivating and directing in-house lawyers. This article, the first in a series of three, is based on consulting projects and research Hildebrandt International has conducted with a number of leading law departments. This article will describe the top three issues law departments have with talent management, and more importantly, will show some of the techniques now employed by general counsel for coping with them. The second part of the series will describe three progressive practices in the arena of talent management, and the series will close with a foray into three controversial practices. Taken together, the series will survey law department talent management ' its major issues, newer practices and difficult decisions.

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This is the first in a two-part series on how to conduct corporate investigations for corporate counsel. Corporate counsel face a myriad of challenges when conducting or overseeing an internal workplace investigation. From ethical issues to potential third-party liability, the pitfalls are everywhere. New responsibilities and risks under Sarbanes-Oxley make the job even more daunting for counsel in publicly held firms. However, with advanced planning, there are ways to conduct a workplace investigation that may prevent it from coming back to haunt you.

Recent developments in e-commerce law and in the e-commerce industry.