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Office vs. Retail Leasing: Practical Considerations for the Retail Tenant
Experienced retail tenants are generally well versed in commonly negotiated retail provisions such as those pertaining to exclusive use rights, opening and operating co-tenancies, “go-dark” rights and percentage rent. Do these same concepts apply in the office lease arena? And how do common commercial leasing provisions such as those addressing assignment and subletting, relocation, and reimbursement of operating expenses differ in office leases as compared with those in a typical shopping center lease? Whether a retail tenant is leasing office space for its headquarters, or retail space within an office building or a mixed-use office and retail project, understanding the answers to these questions is critical to negotiating a fair deal with an office landlord.
Before addressing some of the differences, it is important to note that many of the more complicated and frequently negotiated retail leasing provisions are often not applicable in the office leasing context. Some of these provisions include opening and operating co-tenancy requirements, continuous operating covenants, “go-dark” rights, landlord and tenant “kick-out” rights, exclusive use protections (except under limited circumstances, as described herein), percentage rent, minimum business hours, and provisions for payment of promotional and advertising charges.
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.