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Leases and Licenses Grow Increasingly Indistinguishable
Lately, it has become fashionable for some property owners to call their standard occupancy agreements licenses rather than leases. Perhaps the document will also contain a recital, buried among the assorted “boiler plate” provisions, that the parties intend to create a license rather than a lease. And the parties are called “Licensor” and “Licensee,” rather than “Landlord” and “Tenant.” Otherwise, except perhaps for some carefully selected deletions, the document virtually is indistinguishable from a typical lease.
In theory, a lease both grants a real property interest in the occupied premises and contains contractual terms between the landlord and tenant. A license similarly contains contractual terms upon which the licensor is allowed to use space, but without granting a real property interest to the licensee. Consequently, a license is thought to be less protective of the space user's interests, and thus more desirable to the property owner, than a lease.
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.