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Subordination Without Nondisturbance: A One-Sided Marriage
Jeffrey H. Newman
Recent events have shown that the previously unlikely scenario of a landlord default followed by a lender takeover is not only possible but is no longer a rarity.
Features
The DOJ's New ADA Regulations and Accessibility Guidelines
George J. Kroculick, Andrea M. Kirshenbaum
&
Jennifer Perry
On Sept. 15, 2010, the U.S. Department of Justice (DOJ) published new final regulations in the Federal Register under Title II and Title III of the Americans with Disabilities Act (ADA), on accessibility for state and local governmental entities and places of public accommodation.
Features
Pay to Play
Joseph F. Savage, Jr., Nicholas Pilchak
&
Stephen M. Hoeplinger
There is heightened scrutiny and a new regulatory regime around pay-to-play issues and public pension fund investments throughout the country.
Features
The Market View
Michael J. Fleming
Speed, smart speed, still wins in competition. Unfortunately, I find too many company executives are not heeding this reality when it comes to the changes in financial accounting for leases.
Features
NLRB Action in the Age of Facebook
Brian Herman
Questions of discoverability in litigation of social media interactions are constantly evolving. A look at a recent, disturbing case.
Features
Don't Delay, Obtain a Stay
Douglas S. Mintz
&
Stephen Johnson
A recent Sixth Circuit opinion may rebuke implicitly a controversial holding of the Ninth Circuit Bankruptcy Appellate Panel in 2008, holding that the lien-stripping effect of a sale pursuant to ' 363(f)of the Bankruptcy Code could be unwound on appeal.
Features
<b>BREAKING NEWS:</b> SEC Proposed Rule 21F-13: A Hidden Whistleblower Tax?
Christine A. Edwards, Edward J. Johnsen
&
Jerry Loeser
Corporate Counsel take note: on Nov. 3, the SEC published proposed Regulation 21F, establishing a program designed to reward individuals who provide the SEC with information leading to successful enforcement actions. The proposal was mandated by Dodd-Frank and sets out procedures under which whistleblowers could qualify for significant monetary awards by providing information to the SEC regarding violations of the federal securities laws.
Features
The Demise of the RRRA's Four-Year Statute
Stewart E. Sterk
A central feature of the RRRA was its prohibition, in any rent overcharge complaint, on examination of rental history more than four years old at the time the complaint was filed. In two recent decisions, The Court of Appeals has eviscerated that prohibition.
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- Bankruptcy Sales: Finding a Diamond In the RoughThere 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.Read More ›
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- The DOJ's Corporate Enforcement Policy: One Year LaterThe 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.Read More ›
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