http://www.lawupdates.com en LawUpdates.com, LLC Copyright 2012 2012-04-17T23:15:25+00:00 http://www.lawupdates.com/tips/entry/waging_a_privacy_war_in_the_global_marketplace_how_are_targeted_advertising/ http://www.lawupdates.com/tips/entry/waging_a_privacy_war_in_the_global_marketplace_how_are_targeted_advertising/ By David F. Michail || Trillions of bits of data are being transmitted all over the world every second. Sequences of ones and zeros transmitted over fiber, cable and through the ethers keep our marketplace humming, innovative and competitive. Over the past 20 years, we have arguably seen the most exponential increase of global productivity… Tips for In-House Counsel 2012-04-17T22:15:25+00:00 http://www.lawupdates.com/tips/entry/iin_re_taylor_i_attorneys_may_not_rely_solely_on_default_management_databas/ http://www.lawupdates.com/tips/entry/iin_re_taylor_i_attorneys_may_not_rely_solely_on_default_management_databas/ By Andrew Erskine || Attorneys and law firms handling mortgage foreclosure-related matters cannot rely solely on factual information contained in a “default management” database maintained for their client in preparing bankruptcy and other court pleadings, the U.S. Court of Appeals has concluded.. In a significant decision, the Third Circuit held that attorneys in federal… Tips for In-House Counsel 2012-01-24T18:37:06+00:00 http://www.lawupdates.com/tips/entry/accommodating_marijuana_in_the_workplace_after_prop_19/ http://www.lawupdates.com/tips/entry/accommodating_marijuana_in_the_workplace_after_prop_19/ By Jeremy Gray || Even though California voted down Prop 19, what is the obligation of employers in California and elsewhere to accommodate an employee’s use of medical marijuana? INTRODUCTION The proliferation of state laws permitting the use of medical marijuana has added a new wrinkle the already vexing issue of accommodating employee disabilities.… Tips for In-House Counsel 2010-11-12T22:08:43+00:00 http://www.lawupdates.com/tips/entry/ihertz_corp._v._friend_i_a_corporations_principal_place_of_business_is_its_/ http://www.lawupdates.com/tips/entry/ihertz_corp._v._friend_i_a_corporations_principal_place_of_business_is_its_/ By Josh Lawler and Yuri Mikulka || The U.S. Supreme Court has resolved the issue of how to determine the “principal place of business” of multistate corporations for the purpose of diversity jurisdiction, defining as the corporation’s “nerve center.” The decision in Hertz Corp. v. Friend, 130 S.Ct. 1181 (2010), ends the “divergent and increasingly complex interpretations”… Tips for In-House Counsel 2010-06-03T17:57:02+00:00 http://www.lawupdates.com/tips/entry/new_fdic_guidelines_offer_helpful_hints_for_real_estate_workouts/ http://www.lawupdates.com/tips/entry/new_fdic_guidelines_offer_helpful_hints_for_real_estate_workouts/ By Michael J. Zerman || On October 30, 2009, the Federal Deposit Insurance Corporation (“FDIC”), together with other federal regulatory agencies, adopted a “Policy Statement on Prudent Commercial Real Estate Loan Regulation.” (http://www.fdic.gov/news/news/press/2009). Tips for In-House Counsel 2009-12-18T21:20:35+00:00 http://www.lawupdates.com/tips/entry/irs_liberalizes_rules_for_restructuring_mortgages_held_by_remics/ http://www.lawupdates.com/tips/entry/irs_liberalizes_rules_for_restructuring_mortgages_held_by_remics/ By Patrick Del Duca, H. Jacob Lager and Michael J. Zerman || The Internal Revenue Service and the U.S. Department of Treasury recently published new guidance to provide more flexible and proactive options for restructuring securitized commercial loans held by Real Estate Mortgage Investment Conduits (REMICs). Tips for In-House Counsel 2009-12-17T13:21:00+00:00 http://www.lawupdates.com/tips/entry/iu.s._v._ruehle_i_and_attorney-client_privilege_an_executives_statements_to/ http://www.lawupdates.com/tips/entry/iu.s._v._ruehle_i_and_attorney-client_privilege_an_executives_statements_to/ By Yuri Mikulka || The Ninth Circuit has held that a corporate executive’s statements made to outside counsel hired to conduct an internal investigation and to report its findings to corporate auditors, are not protected by attorney-client privilege, even if the executive may not have received a proper Upjohn-type warning. Tips for In-House Counsel 2009-12-15T19:36:21+00:00 http://www.lawupdates.com/tips/entry/parking_code_violations_by_a_landlord_a_tenants_opportunity_to_re-negotiate/ http://www.lawupdates.com/tips/entry/parking_code_violations_by_a_landlord_a_tenants_opportunity_to_re-negotiate/ By Michael J. Zerman and Kevin I. Shenkman || In today’s difficult economic climate, some commercial tenants are paying closer attention to parking code violations that landlords and tenants may have overlooked for years. Such violations may be difficult for landlords to correct, but may support tenant claims for contractual damages, injunctive relief, lease termination and disgorgement of past… Tips for In-House Counsel 2009-10-06T17:51:52+00:00 http://www.lawupdates.com/tips/entry/iashcroft_v._iqbal_i_raising_the_federal_pleading_standard_for_plaintiffs_a/ http://www.lawupdates.com/tips/entry/iashcroft_v._iqbal_i_raising_the_federal_pleading_standard_for_plaintiffs_a/ By Yuri Mikulka || On May 18, 2009, the Supreme Court entered Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009), which in combination with Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), is one of the most significant decisions impacting the viability of all initial civil pleadings filed in federal courts. For decades, filing… Tips for In-House Counsel 2009-08-18T17:56:44+00:00 http://www.lawupdates.com/tips/entry/california_lenders_should_think_twice_before_exercising_remedies_under_a_ma/ http://www.lawupdates.com/tips/entry/california_lenders_should_think_twice_before_exercising_remedies_under_a_ma/ By Michael J. Zerman || The material adverse change (“MAC”) clause has become a common provision in real estate loan documents. This clause typically provides, in broad terms, that a material adverse change in the financial condition of the borrower, the secured property, or any guarantor will constitute an event of default, upon which the… Tips for In-House Counsel 2009-08-14T01:32:27+00:00