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Case Notes
Option to Buy Is Exercised, and 'Tenant' Is No Longer a Tenant
A Georgia appeals court has upheld a trial court's decision to compel a commercial property owner to convey its previously-rented premises to the former tenant — later purchaser in possession — in accordance with the lease's purchase option, despite the fact that no money changed hands before the end of the option term. Siarah Atlanta Hwy, LLC v. New Era Ventures, LLC, 2019 Ga. App. LEXIS 238 (Ga. App. 5th Div. 5/1/2019).
Commercial landlord Siarah Atlanta Hwy, LLC leased a portion of its commercial property in Forsyth County, GA, to New Era Ventures, LLC, on May 1, 2015. The initial term of the lease was for 10 years, but the landlord retained the right to terminate the lease “for any reason whatsoever, by providing [New Era] with thirty (30) days written notice.”
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.