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FCPA Investigation Costs ' Are You Covered?

Ethan D. Lenz & Max Chester

The enormous size of the FCPA enforcement actions settlements as well as the outsized cost of investigating and defending FCPA actions has led the insurance industry to offer new FCPA insurance products. These products, however, should be reviewed carefully ...

Quarterly State Compliance Review

Sandra Feldman

Up-to-date roundup.

Shareholder Proxy Access: An Idea Whose Time Has Not Yet Come

Robert S. Reder, David Schwartz & Roxana Azizi

Reform of the proxy solicitation process is one of the "hot-button" issues. This article reviews the developments surrounding proxy access over the last decade, and explains where we are today.

Retail Marketing in the Common Areas of an Enclosed Regional Mall

Glenn A. Browne

This article addresses issues that should be addressed by the landlord and the tenant during their lease negotiation, in order to avoid unwanted circumstances at the shopping center.

The Renaissance Franchise Lawyer

Rupert M. Barkoff

Franchise law might be symbolized by the proverbial red-headed stepchild: There is something that seems different about it, but nobody is exactly sure what that difference is.

In the Spotlight: Confronting the Vagaries of 'Fair Market Rent'

David P. Resnick

While in its essence a straightforward concept, fair market rent is rife with legal and economic hazards, and parties to a lease are wise to take caution in arriving at an agreed method of calculation.

Features

Healthcare Leasing Pitfalls for the Non-Healthcare Attorney

Elizabeth A. Siemer

Non-healthcare entity landlords and their attorneys should be aware of certain common provisions in leases with healthcare tenants that could lead to substantial liability for landlords.

Purchasers' Ability to Preserve Tax Attributes in Context of ' 363 Sales

Sunni P. Beville & Vincent J. Guglielmotti

This article addresses a growing trend in bankruptcy sales whereby purchasers decline to effectuate an asset purchase under Bankruptcy Code ' 363, and instead, acquire the debtor's stock by sponsoring a reorganization plan designed to preserve valuable tax attributes.

Features

Uncharted Courses

Max J. Newman

An in-depth discussion of American Airlines' recent Chapter 11 filing.

CDOs Are Less Bankruptcy Remote than You Thought

Todd L. Padnos & Paul S. Jasper

The recent decision of the United States Bankruptcy Court for the District of New Jersey in <i>In re Zais Investment Grade Limited VII</i> took many holders of collateral debt obligations ("CDOs") by surprise.

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