Features
Unfinished Business: Swap Participants Gain Ground
On Feb. 11, 2009, the United States Court of Appeals for the Fourth Circuit recognized the broad protections afforded to swap agreements under the Bankruptcy Code. Here is a review of the case.
Features
How to Create Common and Uncommon Assignment/Subletting Problems
Under common law, absent a lease restriction, tenants had been free to assign their leasehold interest to others or to sublet all or part of their leased space. That rule of law is of little consequence today because virtually all leases restrict assignment and subletting rights, often in excruciating detail.
Features
Developments, Risks and Advanced Structures in the Lease Syndication Market
Lease syndications have enjoyed a significant rise in popularity in recent years. This rise in popularity has brought about an evolution in the commonly used structures, leading to additional complexity and confusion in practice. In this article, we provide a framework for analyzing syndications and addressing the practical needs of originators and funders.
Features
<B>BREAKING NEWS:</b> Supreme Court Strengthens Arbitration in Labor Case Ruling
The Supreme Court's growing embrace of the virtues of arbitration continued on April 1 with a 5-4 ruling endorsing labor contracts that send age discrimination claims to arbitration rather than to federal courts.
Features
Softening the Landing for Employees Caught in a Reduction in Force
As uncertainties in the economy continue, many law firms are facing the reality of excess capacity. Unfortunately, "right-sizing" a firm generally means laying off valuable employees. The loss of a job can be traumatic even in good times, when an employee can expect to quickly land a new position. But with cuts coming from businesses across the board, the next paycheck may be a long way down the road.
Features
The Time-Money Continuum
Everyone has heard that time is money, but it may be that no industry understands this concept as well or as thoroughly as the insurance industry. Here's why.
Features
Real Property Law
Key rulings are discussed and analyzed.
Features
Unintended Results in Divorce Law
The matrimonial bench and bar and the legislature espouse the common goal of reducing divorce expense, time and litigation, which drain the resources of litigants and courts. Nevertheless, with the best intentions, the courts and legislature sometimes ' and recently ' have issued decisions and enacted statutes that undermine the goal of streamlining divorce.
Features
Democratizing the Social Networks
Social networking Web sites are hubs of information. Information about our daily activities, the people we know and the people they know. But as these hubs become more than just a virtual place for the global community to link to friends and post "what you are doing right now," we are confronted with fascinating new questions about how we define personal space, disclosures, and express preferences about our own content.
Features
Parent Alienation
This article begins a three-part series that will: 1) identify the problem related to extreme cases of parent alienation; 2) discuss the impact of the problem; and 3) propose solutions.
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MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis 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.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe 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.Read More ›
- 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 ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
