Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Where's the Door?
A retail tenant negotiating a new lease should always consider its alternatives for exiting from the lease relationship in the event that circumstances change in the future. Projected sales may be off the charts, and the demographics of the location may seemingly hold the promise of decades of successful operations, but no one truly knows what the future may hold, and a wise tenant needs to anticipate alternative futures. This is not an illicit exercise borne of impure motives, but simply wise business planning that should benefit not only the tenant, but the landlord as well. A landlord will not be well-served by forcing a struggling tenant to remain in place, when other, more financially viable alternatives are available. The importance of planning well for exit strategies in new leases, and considering how the terms of existing leases affect exit strategies, is amplified exponentially during difficult economic times, as events of the last several months make clear.
Many lease provisions, and many outside factors, affect tenant exit strategies. This two-part article explores some ways in which operating covenants and exclusive use provisions, in particular, affect the ability of a tenant to exit from a lease relationship. Although some specific suggestions are made, the primary intent of this discussion is to alert the leasing practitioner to various issues and pitfalls which may be encountered.
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.
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.
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.