Features
Avoiding FCPA Liability with a Robust Compliance Program
With crystal clarity, the U.S. Government has signaled its intentions regarding enforcement of the Foreign Corrupt Practices Act (FCPA): far greater resources devoted to FCPA investigations, and far harsher penalties for FCPA violations.
Features
New Arbitration Rules
Following in the footsteps of its very successful mediation program, the Delaware Court of Chancery recently added a new weapon to its arsenal of alternative dispute resolution options.
Features
Tax Issues for Real Estate Leasing by Tax-Exempt Organizations
This article, the last in a four-part series, examines the issues involved when a tax-exempt organization carries or incurs debt with respect to real estate from, or to which, it receives income unrelated to its exempt purposes.
In the Spotlight: Landlords and Tenants Mediate Conflicts
Whether or not tenants have protective lease provisions, conflicts frequently arise with landlords facing economic stresses, and more often arise with the successor landlord, foreclosure purchaser. These conflicts threaten ' and often result in ' litigation.
Features
Reevaluating REAs
Part one of this three-part article discussed how the economy has impacted the flexibility and control of REAs. Part Two herein focuses on operating covenants and monetization of real estate.
U.S. Immigration Law
U.S. law firms and their clients are subject to scrutiny by the U.S. Immigration and Customs Enforcement (ICE). This article outlines some of the key components of federal law related to employer duties regarding immigration compliance. In March 2010, U.S. Immigration and Customs Enforcement (ICE) announced that it was issuing Notices of Inspection to 180 businesses in several states.
UCC ' 1-203: A Few Lesser (and Not Always Lessor) Known Pitfalls
This article discussed the unexpected (and, for a lessor, sometimes unfortunate) consequences that can result by not understanding all the nuances of UCC ' 1-203.
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Ethical Good Eggs
As an organization, what do we do when a client asks us to proceed through uncharted waters? Do solutions conceived outside of our comfort zone make us seem reckless or inversely, innovative?
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- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›
- Compliance Officers and Law Enforcement: Friends or Foes?<b><i>Part Two of a Two-Part Article</b></i><p>As we saw in Part One, regulators have recently shown a tendency to focus on compliance officers who they deem to have failed to ensure that the compliance and anti-money laundering (AML) programs that they oversee adequately prevented corporate wrongdoing, and there are several indications that regulators will continue to target compliance officers in 2018 in actions focused on Bank Secrecy Act/AML compliance.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Structuring Strategies for Off-Balance-Sheet Treatment of Real Property LeasesThe Financial Accounting Standards Board released a new set of lease accounting standards, ASC 842, which went into effect earlier this year. Most significantly, publicly traded companies are now obligated to list all leases of 12 months or longer on their balance sheets as both assets and liabilities. Large private companies will follow suit in 2020.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›