Features
In the Spotlight: Shopping Center Declarations
A commercial tenant contemplating a lease in a shopping center or adjacent outparcel has its work cut out for it in terms of due diligence required.
Features
In the Courts
A recent case about sentencing guidelines.
The Internal Revenue Code and FCPA Violations
The authors continue herein with their discussion of tax consequences that may accrue when the U.S. federal government finds a company in violation of the Foreign Corrupt Practices Act (FCPA).
Conducting Discovery in Japan
Conducting discovery in Japan is not easy and litigants should not expect to obtain nearly the same quantity or quality of information from Japan. However, if you know the available discovery devices and the special procedures to take advantage of those devices, discovery may not be lost.
Features
Grand Jury Immunity and Section 1983 Actions
Two recent decisions addressed the scope of grand jury witness civil immunity in the context of 42 U.S.C. ' 1983 actions. They are discussed herein.
Losing Bidder Has Standing to Seek Reimbursement of Fees and Expenses
A New York bankruptcy court recently held that a losing acquiror in a competing Chapter 11 plan fight had "standing" to seek reimbursement of its legal fees and expenses as a "substantial contribution" to the reorganization case.
Valuation Litigation
The recent <i>In re Heritage Highgate, Inc.</i> decision provides important lessons to bankruptcy litigators addressing the shifting burdens of proof required in valuation litigation under Section 5 (a) of the Bankruptcy Code.
Features
Dewey & Leboeuf Partner Contribution Settlement Agreements Seek to Avoid the Long and Winding Road of Law Firm Bankruptcies
This article explores the process by which the key parties-in-interest in this case successfully negotiated the Partner Contribution Settlements or PCPs, the rationale behind Bankruptcy Judge Glenn's approval of the PCPs, as well as some of the issues that the United States District Court for the Southern District of New York is currently considering on appeal.
Features
<b><i>BREAKING NEWS:</i> </b><b>Hewlett-Packard Claims Autonomy Cooked Books</b>
Hewlett-Packard Co. said on Nov. 20 that it will take an $8.8 billion write down related to its purchase of Autonomy PLC and alleged that Autonomy executives committed accounting fraud to inflate the company's value during the sale.
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MOST POPULAR STORIES
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- 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 ›
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- 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 ›
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