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The Lease Year: Let's Keep It Simple
The date that a lease begins, which is usually called either the “commencement date” or the “effective date,” is an extremely important lease term. It signifies the date when many lease obligations begin and can be a benchmark used for determining not only a lease's expiration date, but also other key lease dates. For many leases, the commencement date starts on the first day of the month. For ease in bookkeeping, this is the simplest approach. But life is not always so simple, especially where the parties want the lease term to begin on some date other than the first day of a month. For example, many leases state that the “commencement date” is a specified number of days after a landlord has notified a tenant that it is ready to deliver the demised premises (usually after certain itemized “landlord's work” is substantially completed). The beginning of the lease term would thus be a “moving target,” i.e., the commencement date could easily start somewhere in the middle of a month ' or at any time during the month.
Creating a 'Lease Year'
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.