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Co-tenancies and Mixed-Use Madness
Mixed-use development is defined as ” ' a real estate project with planned integration of some combination of retail, office, residential, hotel, recreation or other functions. It is pedestrian-oriented and contains elements of a live-work-play environment. It maximizes space usage, has amenities and architectural expression and tends to mitigate traffic and sprawl” (Niemira, Michael P., The Concept of Drivers of Mixed-Use Development: Insights from a Cross-Organizational Membership Survey. Research Review, Vol. 4 No. 1, 2007, 54). And it seems to be the wave of the future. Admittedly, my perception may be a little skewed because I live in an area where everywhere I look there is an existing mixed-use development or a mixed-use development is under construction (for example, Crown Farm in Gaithersburg, MD, Pike & Rose in Bethesda, MD, and Market Square at Frederick in Frederick, MD). My office is even located in a mixed-use development.
There are myriad issues that must be addressed when leasing space within a mixed-use development that differ from the standard issues that are of concern when leasing space within retail centers such as enclosed mall shopping centers. For example, the allocation of common-area maintenance costs is vastly different, as you need to allocate costs among the retail, office and residential components of the mixed-use development and/or the different ownership interests that may exist between the retail, office and residential components of the mixed-use development. This article focuses only on one difference.
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.
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.
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.