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The Use of 'Use' Clauses in Restaurant Leases
As an aspiring restaurateur franchisee, a client might walk through a law firm's doors for the first time with a decent grasp of how to successfully operate a restaurant, but with no knowledge of real estate matters and absolutely no clue how to address the complexities associated with a restaurant premises lease. Although this article will not attempt to unravel all the mysteries of the world of commercial leases, it will address one important issue that can be problematic for both landlord and restaurant tenant if not thoughtfully addressed within the lease: the “use” clause.
Use clauses are lease provisions that confirm a tenant's rights to conduct specific activities at its leased premises while prescribing limits on such activities. Absent limitations on the tenant's activities, a tenant can do just about anything it wants within its premises, provided the activity is legal. (Hey, legal is good, right?) But can “legal” activity also be harmful to the landlord and other tenants? Unfortunately, it can.
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.
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.