Features
Management Fees: Make Sure Your Lease Is Clear
There is no uniform approach relating to management fee provisions in leases, and courts will recognize inequities in the charging and payment of management fees when lease terms are ambiguous or a landlord or tenant fails to comply with the terms of its lease.
Features
A Guide to Becoming an Opportunity Zone Sponsor
There is a frenzy of excitement about the prospect of opportunity zone investments, but a number of investors are also considering becoming sponsors of the new fund model. While organizing a fund may seem simple, especially for experienced real estate sponsors, the opportunity zone model is actually complex.
Features
Caveat Intercreditor: Bankruptcy May Be Coming
<b><i>Bankruptcy Provisions in First Lien/Second Lien Intercreditor Agreements</b></i><p>While intercreditor agreements (ICAs) are not necessarily the most attention-grabbing of the various loan documents common to large financing transactions, they are nevertheless important, and lack of attention to detail with respect to their provisions could lead to unintended results in any future bankruptcy case.
Features
When Alice Leaves Software in Wonderland: Review the Terms of Use
That least-read contract — the Terms of Use — can be an effective (albeit the last) weapon in the arsenal of a company trying to protect unpatented software technology while providing on-line services.
Columns & Departments
In the Courts
New Charges in Insurance Corporation of Barbados Limited Bribery Case
Features
Case Study: Delaware Bankruptcy Court Denies Trustee's Breach of Fiduciary Duty Suit
In January, a bench trial occurred in <i>In re Covenant Partners, L.P.</i>, in which the Trustee of Debtor, Covenant Partners, L.P., sued for breach of fiduciary duty.
Columns & Departments
Business Crimes Hotline
Securities Commission Malaysia Issues Maximum Fine for Deloitte Related to 1MDB Audits
Columns & Departments
Business Crimes Hotline
Securities Commission Malaysia Issues Maximum Fine for Deloitte Related to 1MDB Audits
Columns & Departments
Case Notes
Contractual Allocation of Damage Risk Thwarts Insurer's Subrogation Claim<br>Lacking Specifics, Lease Term Is Unenforceable
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