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Stay in Touch with REA-lity
This article examines the issues that arise when there is no REA at the time a project is being leased, but there is a realistic possibility that an REA will be required as and when portions of the property are conveyed as separate parcels.
Columns & Departments
Business Crimes Hotline
Analysis of a key ruling.
The SEC Whistleblower Program
Do whistleblowers have an incentive to bypass internal corporate compliance programs? Companies should have strong incentives for employees to report any suspected wrongdoing internally, and reliable systems to ensure that such reports are dealt with quickly and appropriately.
Features
Forced Decryption in Government Investigations
In the wake of the Snowden leaks, makers of encryption products can expect a strong uptick in demand, as encryption will likely become even more widely used.
Perjury and False Statements
Dodd-Frank has granted the Commodity Futures Trading Commission (CFTC) civil enforcement powers to punish false statements in the course of their investigations.
'Parachuting In' to Lead Firms May Be Next Lateral Trend
One of the last bastions of law firms operating as a profession ' the near certainty that a lifelong partner of the firm would be the one at its helm ' appears to be changing ...
At the Intersection: Managing Partners and 'Gamification'
Is "gamification" a passing fad or a performance enhancement technique destined to be an integral part of the legal profession's "New Normal?"
The Dimensions of 'Goodwill' in a Law Practice Sale
One of the thorniest issues in selling a law practice involves the issue of goodwill and how to value it. HEre's what you need to know.
Columns & Departments
On the Move
Who's doing what; who's going where
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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 ›
