Features
In the Spotlight: Lease Audits: Adding Value in Troubled Times
If you are a tenant that is leasing properties at numerous locations, it would be an especially prudent business practice to take a careful look at all of your leases and operating expense invoices to determine if there are any opportunities to generate savings.
What Tenants Are Asking of Their Landlords in Challenging Economic Times
The current economic slowdown has been particularly hard on the retail industry. Operating retail stores in times of economic uncertainty has placed most real estate professionals in uncharted waters. Tenants are looking to their landlords for economic relief to meet the challenges of operating their stores without incurring unacceptable losses during these turbulent times. This special issue of Commercial Leasing Law & Strategy discusses difficulties arising in the context of retail leasing.
In the Courts
Recent rulings of importance to you and your practice.
Features
Look, But Don't Log In
A computer forensic analysis reveals that the employee has accessed his personal Web-based e-mail account from his company computer and that his log-in information (username and password) has been recovered from the computer's memory. Can you log in to the account and read his personal e-mail?
Coming to the States?
The long arm of U.S. jurisdiction generates a number of worries for counsel advising foreign businesses and executives who may be "of interest" to authorities here. One such worry is the status of foreign nationals entering the United States on business during the course of a criminal or civil investigation.
Features
How to Use and Not Lose Experts in Criminal Cases
Rare is the white-collar case today where an expert witness does not play a powerful role. But the vagueness in expert disclosure rules in criminal cases can lead unwary defense counsel to forfeit an expert entirely.
Features
Cap on Legal Fees in Bankruptcy Alarms Firms
Lawyers representing directors and officers of IndyMac Bancorp Inc. are attempting to remove a cap on their billing rates, the latest example of how judges are scrutinizing hourly fees in large bankruptcies.
Intercreditor Dynamics in Bankruptcy
When a creditor enters the realm of bankruptcy, lenders often find that the many detailed provisions of an extensively negotiated intercreditor agreement are no longer controlling. On the contrary, the intercreditor agreement may have little influence on the outcome of many critical matters that arise in bankruptcy.
Features
Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of Sale
Explaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.
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