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Two state laws in New York make the illegality of a tenant's use of rented premises a matter of considerable concern to landlords. One empowers local prosecutors to bring eviction proceedings against both the illegally operating tenant and its landlord; the other makes the landlord as liable as the tenant for injuries inflicted on third parties by the illegal business the tenant is running. While the first law can be expensive to the tune of tens of thousands of dollars, there is no limit on what the other could cost the landlord, but it could readily be in the tens of millions of dollars.
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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 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.
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.
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.
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.