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.
May 24, 2013Joseph P. Heins
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.
May 24, 2013Glenn A. BrowneBankruptcy trustees are particularly susceptible to in pari delicto when pursuing certain claims against third parties, as the debtor's own culpability may bar recovery.
May 24, 2013Travis PowersThe 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.
May 24, 2013Karen Grande, John Whitlock, Steven B. Smith and Theodore OrsonA recent decision by the Seventh Circuit Court of Appeals, In re Castleton Plaza, LP, has put into question the application of the new value corollary in future Chapter 11 cases.
May 24, 2013Alan K. Mills, David M. Powlen and Jonathan D. SundheimerMost 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 non-employees, including, for example, customers, patients, and university students.
May 24, 2013Anthony B. Haller and Andrew B. CohenJurors who improperly search the Internet for information about the trial they're hearing are a growing problem for lawyers and judges.
May 23, 2013Scott GrahamThe U.S. Bankruptcy Appellate Panel for the Eighth Circuit held on March 25, 2013, that a lender "lost its possessory lien when it turned the Debtor's account funds over to the Trustee without first seeking adequate protection.
May 20, 2013Lawrence S. Goldberg, David M. Hillman and Michael L. CookOne subject not getting near enough attention is the role IT financing will play as companies migrate to the cloud in a bid to save costs and bring added flexibility to their business models.
May 20, 2013Ron ArringtonThis article discusses the priority issues that can arise where three or more creditors claim a security interest in the same collateral and a recent Seventh Circuit case, Caterpillar Financial Services v. Peoples National Bank, that addresses this infrequently adjudicated problem.
May 20, 2013Alan M. Christenfeld and Barbara M. Goodstein