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In the Spotlight: Fundamentals of Constructive Eviction
In market conditions that are favorable to tenants, landlords should be particularly vigilant with regard to the express and implied covenants under their leases. Historically, the tenant's obligation to pay rent and the landlord's obligation to maintain the condition of the premises were held to be independent of one another; thus, when the landlord failed to maintain the condition of its building properly or to provide a tenant with one or more building services as required under its lease, the tenant would be entitled only to sue for specific performance or damages. Over time, however, the doctrine of constructive eviction has developed under the law to allow a tenant the added remedy of terminating its lease when the landlord has failed to perform. Today, constructive eviction may present a commercial tenant with an effective means of both enforcing its rights under the lease and defending against landlord claims of breach.
At the core of a tenant's protection against untenantable conditions in its premises is the landlord's covenant of quiet enjoyment. This covenant, which has sustained a long and meandering evolution in the law, embodies a tenant's entitlement, notwithstanding the express
provisions of the lease, to use and occupy its leased space without disturbance from insufferable conditions that are under the landlord's control, and to certain standards of maintenance of the premises by the landlord. Constructive eviction developed from the covenant of quiet enjoyment when courts sought to offer expanded relief to tenants who are facing the most severe landlord breaches.
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.