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Commercial real estate attorneys are in a unique position of negotiating on behalf of their clients for a finite resource in many states: land. Given that new land cannot be generated (outside of some island creations), constitutional protections, state laws and local ordinances that govern property rights attempt to balance those rights with public policy.
Attorneys must strike a balance between navigating those rights while anticipating future needs and issues that may arise for their clients' ownership rights and business (and personal) needs. But how do you best navigate today around a completely unknown future impact that may result in uninsurable loss and damage to a property?
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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 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.
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.
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.
This article explores legal developments over the past year that may impact compliance officer personal liability.