'Theft or Bribery': The Circuit Split Over the Federal Nexus Element
September 24, 2003
When federal prosecutors encounter corrupt conduct by a state or local official, they may reach for a potentially useful tool ' Congress's attempt to prevent theft or bribery 'concerning programs receiving Federal funds,' 18 U.S.C. ' 666. In applying this statute, however, a federal prosecutor's reach must not exceed Constitutional limits on what Congress may grasp. Defining those limits has proved particularly challenging in recent years, as three circuits have inferred different Constitutional limits on ' 666's enforcement.
E-mail: The Prosecutor's New Best Friend
September 24, 2003
Over the past 10 years, e-mail has replaced the telephone as the favored method of communication within Fortune 500 companies. The typical employee might send or receive dozens of e-mails per day, with the amount of e-mail traffic growing exponentially the higher up the employee sits on the corporate ladder. In a large company, the CEO might receive hundreds of e-mails daily, leaving to an assistant the task of 'screening' them. This explosive growth in e-mail has not been lost on prosecutors. In case after case, prosecutors are securing convictions with carelessly written e-mail.
Lien Creation and Lien Perfection: What's the Difference?
September 23, 2003
It is generally understood that materialmen, contractors, subcontractors and others (collectively called 'contractors') who perform labor or furnish materials on construction projects are entitled under state law to assert a mechanics' lien against real property for the value of the labor or materials they provide. What is less clear is the effect of a bankruptcy petition that is filed before the contractor has taken the necessary steps to create or perfect its rights.
Sigh of Relief: Derivative Actions Safe for Now
September 23, 2003
Much to the relief of many in the Third Circuit, its long-awaited en banc ruling in the Official Committee of Unsecured Creditors of <i>Cybergenics Corp. v. Chinery</i>, (<i>en banc</i>) No. 01-3805 (May 29, 2003) disagreed with the decision of one of its panels and upheld the right of parties other than a debtor or trustee to pursue avoidance actions under the Bankruptcy Code on a derivative basis. In doing so, the court supported the well-established practice allowing these derivative actions, and eschewed a slavish plain-language interpretation of Section 544(b) in favor of a broader, multi-section reading.
THE LEASING HOTLINE
September 22, 2003
Highlights of the latest commercial leasing cases from around the country.
Protecting Your Leasehold: Keeping Competitors at Bay
September 22, 2003
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.
Location, Location and Location (But Relocation?)
September 22, 2003
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.
Hotline
September 22, 2003
Recent developments of interest to corporate counsel.
