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Prior Documents May Affect a New Lease
Always check to make sure prior documents signed by your client do not affect the new lease you are about to finalize. An attorney should never assume his/her client is aware of all the provisions that are contained in contracts the client has previously executed (even if the agreement was signed that same day). An attorney who fails to heed this warning, and allows his/her client to sign a lease without knowing the answers to certain key questions, may be unintentionally ignoring restrictions or prohibitions contained in these prior agreements and expose his/her client to unnecessary litigation by parties seeking to enforce such contracts.
In order to protect one's client, a lawyer should always know the answers to the following:
- Are there other documents that require the consent of third parties to the subject leasing transaction?
- Are there other documents that limit or prohibit the landlord from inserting certain provisions in a new lease? and
- Are there other documents that require the inclusion of certain provisions in any new lease that affects the subject property?
Do not assume that if you find one document that affects the subject lease, there are no other agreements that could also restrict or even prohibit the leasing transaction. There could be multiple prior agreements that relate to that lease.
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.