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In the Spotlight: The Rule Against Perpetuities

Donna Hoelscher Suchan & Patrick T. Fitzgerald

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

Ira Fierstein

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

ALM Staff & Law Journal Newsletters

More about sentencing in the FCPA Sting trial described in the lead article in this issue.

In the Courts

ALM Staff & Law Journal Newsletters

Analysis of recent important rulings.

Features

The Indian Supreme Court's 2G Ruling

Sean Hecker, Aaron M. Tidman & Parveet Singh Gandoak

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

Gary Stein

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?

David S. Krakoff & Lauren R. Randell

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

Heidi Lawson

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

Jack L. Smith

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

Paul Rubin & Adam D. Wolper

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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