Lease Due Diligence
When negotiating a lease of a parcel that is subject to an REA, a practitioner must be aware that there are many ways that an REA can adversely impact a tenant. This article lists eight factors to consider when reviewing an REA.
In the Spotlight: Renewing a Retail Lease
This article examines the topics that should be contemplated in an amendment to an existing lease, and also discusses the manner in which these issues may be addressed.
Your Tenant Is in Default, But the Entity Does Not Exist
More often than you might think, landlords enter into leases with tenant-entities only to find later, when the tenant defaults under the lease, that the tenant-entity was never lawfully formed or did not exist at the time of entering into the lease.
Features
Business Crimes Hotline
Analysis of two separate decisions of note.
Features
When Taking Proprietary Information Is Not a Crime
In back-to-back decisions, the Ninth and Second circuits interpreted three different federal statutes '' the CFAA, the NSPA, EEA '' in ways that narrowed federal prosecutors'' ability to charge former employees for stealing proprietary information from their companies.
Features
Update: The IRS Whistleblower Program
This article continues last month's discusssion with a look at the IRS whislteblower program's success to date, as well as proposed improvements to the program.
The Fragile Fifth Amendment
When the contents of electronic devices are encrypted, must the owner facilitate the government's review by decrypting the data or supplying the password to do so? A look at recent rulings.
Asbestos Claims
Asbestos defendants that file for reorganization under the U.S. Bankruptcy Code and seek to establish a personal injury trust for the payment of claims may transfer their liability insurance recovery rights to the trust even if the insurance policies include provisions barring the transfer of such rights.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.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 ›
- 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 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 ›
- Disney-OpenAI’s Sora Deal: What it Signals for Licensing and Responsible AIThe Walt Disney Co.’s newly announced, three-year licensing agreement with OpenAI to bring more than 200 characters from Disney, Marvel, Pixar and Star Wars to Sora marks a pivotal moment at the intersection of intellectual property and generative AI. For rights holders, platforms, and brands, the deal illustrates an emerging blueprint for commercializing iconic IP in AI-native formats while attempting to manage legal, regulatory, and reputational risk.Read More ›
