BLT: May/June 2010

Business & Corporate

Our Mini-Theme: Disability and the Law

Joan Durocher

This month’s mini-theme provides an introduction to the related articles on disability and its relation to business law.

Business & Corporate

Baby Boomers Are Turning Grey: The Americans with Disabilities Act and Aging Americans

As the American population grows older and more individuals join the ranks of senior citizens, more Americans inevitably will have disabilities. As such, there will be more Americans covered under the ADA, with important implications for employment and public accommodations. In this article, we highlight some examples of how the ADA has impacted the lives of older Americans.

Business & Corporate

Disability and Diversity: Changing Your Law Firm Culture

William H. Grignon

This article examines diversity, disability, and the law firm culture. It reveals both the historical framework for including disability in the diversity discussion and the unspoken rules or expectations by which many organizations really operate.

Real Estate

The ADA and Extended-Stay Hotels: Uncertainty in the Law

The author explores the applicability of the Americans with Disabilities Act of 1990 (ADA) to extended-stay hotels as places of public accommodation. After briefly describing the applicable legal framework, this article explains the two ways in which uncertainty in the law in this increasingly important segment of the U.S. hospitality industry clouds both access for millions of people with disabilities and allocation of responsibility in real estate transactions, and offers solutions to clarify the law.

Business & Corporate

Obtaining Disability-Owned Business Enterprise Certification: A Lawyer's Guide to Supplier Diversity

This article explains (1) the value of obtaining certification as a business owned by individuals with disabilities and (2) what advice to provide to a business considering certification.

Business & Corporate

Negotiating Private Equity Fund Terms: The Shifting Balance of Power

Albert J. Hudec

This article outlines the provisions of the ILPA Principles, a publication by the Institutional Limited Partners Association (ILPA) of recommended best practices for structuring private equity funds. The ILPA Principles is an effort by the leading industry organization to shift negotiating leverage in favor of investors.

Business & Corporate

Government Incentives for Businesses: Permanent Federal Credit and Loan Guarantee Programs

This article provides an overview of the permanent credit programs, by issuing agency, that are available to businesses and what businesses must do to participate in them. The body of the article focuses on the general parameters and characteristics of various government programs to illustrate the terms of the credit programs for business.

Business & Corporate

Drafting Buy-Sell Provisions in Shareholder Agreement: Can We "Insure" Compliance?

Mark R. High

This article reviews some of the most common provisions included in the buy-sell portion of a shareholder agreement, and describe how the parties can use insurance products to help get a company past a shareholder's death.

Business & Corporate

SNAP JUDGMENTS

John Palmer

The author summarizes recent articles of interest to the Business Lawyer. This month’s articles include an article on the increase in juror hardship claims, the failure of E-verify to detect unauthorized workers, e-discovery of copy machine records, the increasing use of asset-based lending, companies’ increasing use of M&A to drive revenue growth, and the USDA’s failure to properly monitor foods claiming to be organic.

Business & Corporate

KEEPING CURRENT: New SEC guidance on disclosing risks related to climate change

This article summarizes a new Securities and Exchange Commission interpretative release that provides guidance to public companies on existing disclosure requirements regarding risks relating to climate change and greenhouse gas emissions. The author also offers practical advice on implementing the new guidance as part of a disclosure program.

Business & Corporate

SPEAKING VOLUMES: A Review of Bargaining with the Devil: When to Negotiate, When to Fight

Stephen J. Dolmatch

The author reviews the book, Bargaining with the Devil: When to Negotiate, When to Fight.