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Negotiating Parking Privileges in Commercial Leases: What Every Tenant Should Know
Parking privileges are often essential to the businesses of commercial tenants. Given this proposition, it is surprising that many commercial tenants and their legal counsel often overlook important parking issues in favor of what may appear to be more pressing legal and economic issues in the lease negotiation process. This is unfortunate, as inadequate or ambiguous parking provisions can: 1) lead to costly legal battles, 2) harm a tenant's business, and 3) cause the deterioration of the landlord-tenant relationship.
Commercial tenants and their legal counsel should incorporate in the lease specific terms concerning the amount, location, maintenance, availability, cost and use of parking spaces to be provided as part of the leasing of the demised premises or common area. Some landlords outsource the operation of their parking facility to a third-party operator. In these situations, the detailed terms of the parking arrangements are often contained in a separate agreement between the tenant and the operator. While that is acceptable, the lease must still contain a provision obligating the landlord to make the parking available on the terms described in the parking agreement in the event the agreement with the third-party operator terminates. No matter whether the specific parking terms are contained in the body of the lease, the special stipulations of the lease, or a separate parking agreement, however, the savvy commercial tenant should be cognizant of the potential pitfalls inherent in poorly drafted parking provisions.
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.
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.
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.