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A New Use for an Old Tool
At least since Abraham's and Lot's shepherds parted ways over a land-grazing disagreement, Western Civilization's literature has been full of accounts of people having monetary and property disputes. The plethora of litigators across the United States has produced some of the most creative and inventive excuses for not having to pay debts. Avoidance of debt more than likely became an even greater epidemic after the abolition of the debtors' prisons, which occurred at the federal level in 1833. Indeed, nothing has spawned disputes over money like fights over real estate. Commercial leasing litigation has become an art form ' and in states like New York, attorneys have, as a result of technicalities such as failing to serve the tenant properly, kept non-paying tenants in possession for years. (Croghan, Lore: “Candyman Reprieve,” New York Daily News, Aug. 18, 2004.) Against that background, there is special significance to the fact that two New York State courts have refurbished an old weapon for property owners to use in their battles against commercial tenants unjustly failing to pay rent.
According to a nationwide LexisNexis search, the new millennium represents the first appearance of cases whereby courts have recognized accounts stated in commercial landlord-tenant transactions. While the landlord-tenant relationship has evolved throughout the years from mostly simple neighborly transactions to ubiquitous complex commercial lease agreements, one fact remains constant: Some tenants just will not pay their rent.
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.