Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
In the Spotlight: Options to Purchase in Retail Leasing
When finalizing a term sheet for a new lease, an option to purchase may seem like an easy, last-minute throw-in item to request or to agree to readily. Even during the drafting process for the actual lease agreement, it may be tempting to address only the basics in the option-to-purchase clause in order to leave more time for issues that are more contentious in a typical retail lease. Unfortunately, this approach often results in a bare-bones “agreement to agree” that leaves the individuals responsible for exercising and closing the purchase option years later without sufficient knowledge of the intent of the original parties that made the deal. On the other hand, the intuition to avoid a full-blown purchase and sale agreement to address every possible contingency seems valid when the primary transaction at hand is a lease of the subject property.
This article identifies issues to consider when dealing with options to purchase; whether and how to grant or request an option in the first place; important issues to include in the terms of the option clause in the lease agreement; and how to manage a client's conduct when the parties who have inherited the original lease have been left in a no-man's land of unfinished thoughts and vague suggestions about how to exercise and close the purchase option.
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.