FCPA Investigation Costs ' Are You Covered?
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 ...
Shareholder Proxy Access: An Idea Whose Time Has Not Yet Come
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
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
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'
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
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
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
An in-depth discussion of American Airlines' recent Chapter 11 filing.
CDOs Are Less Bankruptcy Remote than You Thought
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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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 ›
