Current Market Refocuses Attention on 'SNDA' Agreements
This article discusses a loan document that requires execution by tenants of the subject property, the Subordination, Non-Disturbance and Attornment Agreement, commonly referred to as an SNDA.
In the Spotlight: The Use of a Captive Insurance Company By a Commercial Tenant
This article addresses what it means for a tenant to self-insure or obtain insurance through a captive, and how a landlord and tenant can modify their lease accordingly.
The Operating Expense Gross-Up
Landlords and tenants that include property taxes as a variable expense for purposes of a gross-up provision should provide for a thorough and detailed accounting methodology to avoid disputes when those expenses are billed.
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In the Courts
Recent rulings of interest to you and your practice.
Insider Trading: It's Not Just for Suits
On Sept. 30, 2010, the SEC brought an insider trading case against two railroad employees and their relatives, alleging that the defendants reaped more than $1 million in illegal gains by trading on nonpublic information about the planned takeover of the railroad company.
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Honest-Services Fraud in the Wake of Skillings
The Supreme Court has tried again to restrict application of the honest-services fraud statute (18 U.S.C. ' 1346), which has been zealously used by prosecutors to target a wide swath of allegedly unethical behavior by public officials and private employees alike.
And at the Whistle, They're Off
The new Dodd-Frank Act not only alters the manner in which companies will handle their own compliance and disclosure obligations; it may dramatically change the way issuers conduct internal investigations.
Valuation Disputes in Bankruptcy Litigation
In contested bankruptcy cases, success in litigation ' over issues such as the enterprise value of the debtor ' can determine the success of the reorganization. Management and the board of directors should be aware of (and plan for) certain dispute-related "facts of life," long before the company files in court.
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