Features
Compete or Enforce?
The U.S. is stepping up its criminal and civil tax enforcement in a two-pronged attack.
Columns & Departments
In the Marketplace
Who's doing what; who's going where.
Features
Distressed Bank Restructurings
The FDIC's list of nearly 700 "problem" banks reveals that the problem of inadequate bank capitalization and the need for restructuring remains strong.
Features
Lessors Beware
How can an equipment lessor protect itself against having its equipment "sold out from under it" by a lessee? A discussion of <I>Textainer Equipment Management Limited v. The United States</I> and its implications..
Attachment and Perfection of Security Interests
This article addresses common attachment and perfection problems raised in recent cases, and provides suggestions on how secured parties can avoid these pitfalls.
Features
Restricting Expressive Activities in CA Shopping Centers
This article provides owners and their counsel with suggested guidelines for the restriction of expressive activities, and illustrates the types of shopping center rules that will more likely be upheld by California courts.
Features
In the Spotlight: Options to Purchase in Retail Leasing
This article identifies issues to consider when dealing with options to purchase.
Features
Granting Expansion Options to Tenants
A prudent landlord must consider a number of factors when granting expansion rights to a tenant.
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MOST POPULAR STORIES
- 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 ›
- 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 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 ›
- Current Issues In Enforcing Judgments Against LLCsWhen a creditor obtains a judgment against a debtor, the debtor's assets are sometimes held in membership interests in an LLC, which presents challenges for the creditor seeking recovery. The Uniform LLC Law provided for a charging order in such instances. Although the precise terms of each state's LLC laws vary, some version of the charging order procedure is available in all states.Read More ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›
