Measure the Premises Twice: Cut the Deal Once
Measuring the premises in advance of the letter of intent can help to avoid backtracking on points and re-negotiating the business deal during the lease negotiation process.
El Toro: A Red Flag on Lease Rejection Damages
The U.S. Court of Appeals for the Ninth Circuit recently issued the first circuit-level decision regarding what sort of damages are subject to the cap imposed by Bankruptcy Code '502(b)(6) on landlords' claims arising from a debtor's rejection of a nonresidential real property lease.
In the Spotlight: Ten Suggestions for Owners Starting a Major Construction Project
There comes a time in the life of almost every company when it will engage in a major construction effort. Here are 10 basic suggestions from a seasoned construction litigator, who has spent 20 years working on the back end of troubled projects, to help you on your way to a successful — even though it may, at times, seem stressful — project.
Features
Misrepresentation: Insurance Company Efforts to Avoid Statutory Requirements
More than a century ago, many states began to protect policyholders from insurance company efforts to deny coverage on the grounds of alleged falsehoods in the application for insurance, when such alleged misstatements were not material to the insurance company's decision to sell the coverage. While insurance companies have attempted by various methods to avoid such protections, courts generally have rejected these efforts and upheld statutory limitations on an insurance company's right to void coverage.
Features
Excess 'Follow Form' Policy Obligations: Determined By Primary Policy, Not By Primary Insurer
A recent decision by the Supreme Judicial Court of Massachusetts appears to be the first to squarely address whether or not an excess insurer is bound to a primary insurer's coverage and settlement decisions by virtue of the 'follow form' nature of the excess policy. The court, relying in part on legal decisions upholding the separate and independent nature of primary and excess insurance contracts (and the rights and responsibilities under each), held that follow form excess insurers are not so bound.
Features
Climate Change: D&O Issues for Policyholders
Directors and officers are developing strategies to address the business impact of climate change and the potential financial impact of current and future greenhouse gas regulation. Among the challenges they face are how to address disclosure obligations related to these financial risks and how to maximize potential insurance coverage under directors' and officers' liability insurance policies should climate-related claims be asserted.
Movers & Shakers
News about lawyers and law firms in the franchising industry.
News Briefs
Highlights of the latest franchising news from around the country.
Professional Development: Making Rain by Being You
Lackluster business development efforts are seldom tied to that part of your practice you enjoy, the part that is ' well ' fun. After all, doesn't generating new business mean you can work on matters you really enjoy? Stop dreading networking and start focusing on those parts of your practice you adore. If you picture your ideal practice five years hence and start there, business development will become less of a chore and more of an extension of your passion.
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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 ›
