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In the Spotlight: Enforcing the Green Lease
The primary focus of “green lease” discussions has been on the economic aspects: the interplay of the rent (whether gross or net) with the utility cost. A pure net lease provides little incentive for a landlord to invest additional capital to conserve energy or water if the tenant is the only party to enjoy the savings. A pure gross lease aligns the landlord's capital cost with the savings in lower operating costs, but does not invite the tenant to conserve utility and water use. As one commentator notes, a “modified gross” lease, which requires the tenant to pay usage costs above a defined base, is best suited to the “green lease.” (Friedenberg, “Green Leases” Green Development News, April, 2009).
To date, the green lease discussion has avoided the complications of enforcing “green lease” provisions. Many leases simply advise the tenant that the building is being operated as a green building and provide the tenant with a handbook. This approach demonstrates lack of familiarity with green practices in commercial real estate and does not address the consequences of failure to adhere to green practices. The fact that Leadership in Energy and Environmental Design (LEED) Certification for buildings was originally tied only to its construction or renovation (and not its operation) reinforced this approach.
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.