Commercial Law

This article, the last in a four-part series, examines the issues involved when a tax-exempt organization carries or incurs debt with respect to real estate from, or to which, it receives income unrelated to its exempt purposes.

Part one of this three-part article discussed how the economy has impacted the flexibility and control of REAs. Part Two herein focuses on operating covenants and monetization of real estate.

Highlights of the latest equipment leasing cases.

'Going green' has never been more popular, and financing the acquisition of renewable energy equipment has never been more affordable, both for commercial users and individual consumers. A wide variety of government and private programs are available, providing acquisition dollars as well as tax credits, deductions, and exclusions, and other incentives intended to stimulate clean energy development and adoption.

With the hope of encouraging corporate insiders to cooperate during investigations, the SEC issued a new Enforcement Cooperation Initiative in mid-January. Herein is a complete explanation.

Do the Bankruptcy Code safe-harbor provisions have some unintended consequences? Can they adequately address systemic risk in an environment of ever-changing complex financial transactions? A complete analysis.

The U.S. Court of Appeals for the Eighth Circuit recently held that "failure to warn" claims brought against generic manufacturers of Reglan' (a prescription drug used to treat certain gastric disorders) were not preempted by federal law and could, therefore, proceed to discovery.

The first part of this article discussed the background of REMS (Risk Evaluation and Mitigation Strategies) and provided a summary of the Draft Guidance. The conclusion herein explains the second part of the procedure, including proposed modifications and communicating with the FDA.