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Revisiting Boilerplate or 'Miscellaneous' Lease Provisions
Part One of a Two-Part Series
The May 2005 issue of Commercial Leasing Law & Strategy published an article presenting an overview of certain boilerplate provisions often found in the “Miscellaneous” section at the end of a commercial lease. (“Don't Forget the Boilerplate: Not All Standard Miscellaneous Provi-sions Are Standard,” co-authored by Christopher A. Jones and Scott A. Weinberg.) The authors noted that after spending significant time drafting and redrafting the more “substantive” provisions of a lease, several seemingly less important provisions are frequently unexamined. The authors also noted, however, that the boilerplate provisions in leases are often not uniform, but instead, can vary dramatically, depending on whether the lease is drafted on behalf of a landlord or a tenant, and therefore, such provisions must also be carefully reviewed to ensure that they capture each party's understanding of the lease terms.
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.