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Co-op's Fact Findings Held Binding on Eviction Court
Part One of a Two-Part Article
This commentary discusses ' critically ' a rule recently adopted by a unanimous Court of Appeals in a case in which a housing cooperative was attempting to evict a tenant deemed objectionable by his fellow shareholders. 40 W. 67th St. Corp. v. Pullman (5/13/03). In order to understand fully the significance of the Pullman rule, it must be viewed in context. The general subject is the power of a landlord to terminate a tenancy based on a lease provision authorizing such action if the tenant becomes objectionable. More specifically, the issue is what role the courts are to play in determining whether or not the tenant did or did not do the things that he is accused of doing, which things, we will assume, all would agree would render him objectionable. The discussion proceeds on the basis of three hypothetical cases.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.