Features
SOX Prohibition on Loans to Officers and Directors
On March 4, 2013, the SEC issued a no-action letter in response to a request for interpretive guidance regarding the applicability of Section 402 to a program that would allow directors and executive officers to obtain credit utilizing equity grants made by a public company issuer. Here's what this means.
Features
The Repair and Maintenance Gap
Many commercial leases have what can be called a "repair and maintenance gap." This gap is created when the lease specifies certain repairs and maintenance for which each of the tenant and the landlord are responsible, but then is silent on others.
Features
In the Spotlight: The Assignment Provision
Tenants are accustomed to negotiating assignment provisions heavily as they relate to a third-party transfer. However, the effects that such provisions can have on a tenant's corporate autonomy are often overlooked.
Features
Areas of Concern When Leasing Previously Improved Space
Quite often, prospective tenants are considering leasing space that has been improved by former tenants. This article addresses certain concerns, and ways in which prospective tenants can seek to reduce their risk.
Features
In Pari Delicto Not a Bar to a Bankruptcy Trustee's Recovery
Bankruptcy trustees are particularly susceptible to in pari delicto</I> when pursuing certain claims against third parties, as the debtor's own culpability may bar recovery.
Features
When Worlds Collide
The first part of this article discussed the collision of the bankruptcy and public finance worlds, and the damage caused to bondholders and their respective professionals. The discussion concludes herein with a look at two additional rulings.
Features
The Evolution of New Value Plans
A recent decision by the Seventh Circuit Court of Appeals, <I>In re Castleton Plaza, LP</I>, has put into question the application of the new value corollary in future Chapter 11 cases.
Features
'Immediate and Appropriate Corrective Action'
Most employers know of their obligation to take immediate and appropriate corrective action to prevent harassment in the workplace. But this obligation extends to preventing harassment by <I>non-employees,</I> including, for example, customers, patients, and university students.
Features
Online Extra: Juror's Online Research Forces New Trial
Jurors who improperly search the Internet for information about the trial they're hearing are a growing problem for lawyers and judges.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- 'Customary Operations' or A Vacant Building?Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'Read More ›
- Mixed Ruling in Jefferson Starship Band Name SuitWhat's in a rock band's name? Plenty, if you are talking about Jefferson Starship, which goes back more than 40 years, has had more than 30 members and was born from the 1960s psychedelic rock band Jefferson Airplane.Read More ›
- Authorship and Copyright In Hybrid AI-Human Collaborative WorksThe United States Copyright Office recently issued a letter ruling on the copyrightability of Kristina Kashtanova's comic book-like work, Zarya of the Dawn. The Kashtanova ruling indicates that the Copyright Office's determination of copyrightability of works involving use of AI will rely on whether the author is able to control and foresee with some measure of predictability the output of the authorial processRead 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 ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›