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Landlord Solutions For Avoiding Uncertainty
In today's commercial real estate market, uncertainty is about the only real thing that is certain. Between ever-changing consumer tastes, increased Internet shopping in lieu of customers traveling to brick-and-mortar retail stores, greater competition between national franchises and mom-and-pop shops, tighter availability of lender financing, and the uncertainty of what will happen under a new government administration, the road ahead begs many questions without clear answers for commercial landlords. In this period of flux, where landlords no longer enjoy the same position of strength and leverage they once had over prospective tenants, it is critical to try and negotiate independent guarantees that best suit each particular deal and (hopefully) hedge against the downside of a potential tenant default and resulting litigation.
As with any other contract, lease negotiations are a process of give and take. In the world of personal guarantees, landlords have many options at their disposal, including a variety of full and limited guarantees that range in scope, coverage and duration. Herein, we briefly highlight some of the particularities and nuances of guarantees that commercial landlords and their attorneys should bear in mind during lease negotiations.
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.