Around the Firms
March 30, 2005
Cozen O'Connor to Acquire Most of Fischbein Badillo's Lawyers
Lateral Partner Recruiting Effective Use Of Search Professionals
March 30, 2005
Cravath, Swaine & Moore, one of New York's elite law firms, recently hired its first lateral partner in over 60 years. While an exception at Cravath, hiring lateral partners has become an indispensable strategy for law firms in achieving important business objectives and in thriving in hotly competitive markets.
A Senior Secured Lender's Guide to the Risks Posed By Junior Secured Debt
February 24, 2005
In theory, a borrower's issuance of junior secured debt is a boon for its senior secured lender. The borrower obtains additional capital, and the claims of the junior lender against shared collateral, since "subordinated," don't diminish the senior lender's prospects for repayment. In practice, however, a senior secured lender should view proposed junior secured financing skeptically because the existence of such debt can become highly problematic for the senior lender. The key to protecting the senior lender lies in properly negotiating and documenting the intercreditor agreement with the junior lender to eliminate, or at least minimize, the myriad ways in which the junior lender's rights may, in practice, limit — or even trump — those of the senior lender.
News Briefs
February 24, 2005
Highlights of the latest franchising news from around the country.
The Leasing Hotline
February 24, 2005
Highlights of the latest commercial leasing cases from around the country.
Contending with Title III of the ADA: Tips for Property Owners and Managers
February 24, 2005
With the recent adoption of new Americans with Disabilities Act ("ADA") Accessibility Guidelines, it seems likely that real property owners and managers will soon see an increase in the number of ADA-based lawsuits as both private plaintiffs and the Department of Justice seek to enforce compliance with the various changes and new provisions. This article provides a basic guide to some of the more important elements of this type of litigation, particularly cases brought by private plaintiffs.
Understanding Affirmative Action Obligations as a Landlord, Tenant or Government Contractor
February 24, 2005
Given the plethora of government regulations spawned in the 80s and 90s, Executive Order 11246 (the "Order"), signed into law by President Lyndon B. Johnson in 1965, may appear to be relatively ancient history. Nevertheless, compliance with this far-reaching rule remains as essential today as it did when the Order was issued. Similarly, it continues to catch unwary federal contractors by surprise. Under the Order, companies that hold federal contracts or subcontracts in excess of $10,000 are prohibited from discriminating against employees and applicants for employment in hiring or employment decisions on the basis of race, color, gender, religion, and national origin. This aspect of the Order is generally widely understood. What is often overlooked, however, is that these contractors are also subject to certain affirmative action requirements. While the Executive Order has been on the books for nearly 40 years, many companies still find themselves in uncharted territory with respect to their coverage under affirmative action regulations.
