Growing Green Leases
With the increased interest on the part of both landlords and tenants in "green" leases, more landlords are striving for LEED certification, and more tenants are considering this as a major factor in choosing a location. But how can the parties best write the lease?
Lessors and the Proposed New Accounting Rules
This article examines the proposed lease accounting rules to date and their anticipated impact on lessors and the way they do business.
Government Searches of Computers
This article addresses some of the issues arising from searches and seizures of computers and their data to provide guidance so that counsel can effectively represent the interests of their clients who are subjected to such intrusive evidence gathering. by federal law enforcement authorities.
Features
Environmental Liability: Equipment Lessor Is Responsible Under CERCLA for Cleanup Costs As the Owner of a 'Facility'
Equipment lessors need to learn a new acronym: CERCLA. It stands for the Comprehensive Environmental Response, Compensation and Liability Act, and it has the potential to expose lessors to millions of dollars in environmental liability.
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Pre-Plea Estimates of Jail Time
While the government almost certainly will give you an estimate of your client's sentencing exposure as part of a plea process, recent cases in the Second Circuit make clear that the government is unlikely to be bound by that estimate.
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Expansion of Insurer Claw-Back Initiatives
Perhaps encouraged by partial success in recovering or clawing back defense costs paid for their policyholders, insurers increasingly may attempt to recover back settlement payments made on behalf of their policyholders.
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Issues Regarding the Reasonableness of Settlement in London Coverage Arbitration
It is important to recognize early on if an insurance policy with a London arbitration provision, or any international arbitration provision, may be called on to contribute to the settlement of a lawsuit. By creating that awareness early on, there is an opportunity to build a stronger record to support the reasonableness of any settlement and to maximize the insured's ability to obtain coverage.
'Would You Like Fries with That?'
Recent court decisions addressing the classification of "goods" versus "services" have shed some light on the proper definition of "goods" in the context of whether a particular claim is for "goods" under ' 503(b)(9). However, these decisions have left open some key questions.
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