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Performing a Litigation Audit on Your Lease Agreements
Standard forms and specially negotiated agreements both have “boilerplate” provisions that are largely ignored at the time of the transaction, but almost always play a significant role when a dispute arises. These provisions are usually placed in the “fine print” in form contracts, such as in “standard provisions” on the reverse side of documents that may have not been reviewed and reconsidered for years. Because such a small percentage of transactions result in litigation, there is little motivation to re-examine provisions that have worked well enough before.
Leasing counsel who specially negotiate agreements also often fail to reconsider boilerplate provisions, instead choosing the expediency of copying seemingly innocuous provisions from a prior agreement sitting in the attorney's “form file.” If leasing counsel does review the boilerplate provisions, he or she may not have the litigation background and current knowledge of case law to determine how best to revise the provisions for his or her particular transaction or company ' or how these provisions will play out in the litigation process. Yet, in the rare event litigation occurs, the previously ignored boilerplate provisions may well determine who maintains leverage throughout the case and, ultimately, who prevails.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.