In the Spotlight: The Rule Against Perpetuities
Variations in the Rule Against Perpetuities ("the Rule") exist as to when and if the Rule applies to preemptive rights, options to purchase and lease renewal options, and the law continues to evolve.
Special Issues in Retail Leasing
This article discusses three unique jurisdictional issues relating to remedies, enforceability, and transferability, and explores the positions asserted by both landlords and tenants.
Business Crimes Hotline
More about sentencing in the FCPA Sting trial described in the lead article in this issue.
Features
The Indian Supreme Court's 2G Ruling
The importance of due diligence and anti-bribery compliance programs when companies conduct business in countries that historically present a greater risk of corruption.
Forfeiture: A Primer on Proceeds
The U.S. Court of Appeals for the Second Circuit has become the second court of appeals to reject the government's broad interpretation of the statute defining "proceeds" for purposes of federal forfeiture proceedings.
FCPA: Were the Sting Trials Doomed from the Start?
The authors had a front-row seat to the challenges the government faced in the FCPA Sting trials ' they represented a client in the second trial.
Features
D&O Insurance Issues in Bankruptcy
In a D&O policy, the definition of "Claim" can significantly affect the scope of coverage. Disputes can arise when the insured, whether voluntarily or involuntarily, files for bankruptcy or becomes insolvent.
Unscheduled Rights of Action
Debtors occasionally attempt to assert property rights that existed at the time of their bankruptcy filing. When those rights were not fully disclosed in the debtor's schedules, there is a problem.
Disagreement over Absolute Assignments of Rents Reappears
Reviewing the impact under New York law of what appeared to be absolute assignments of rents, and whether Chapter 11 debtors can spend property rents to support their reorganization efforts despite such assignments.
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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 ›
