Making Your Merger a Success
This article is a compendium of the author's 30 years' experience in law firm consulting and specifically law firm mergers.
Understanding Landlords' 'Self-Help' Rights
Most states have established summary eviction proceedings which, in theory, provide landlords with a more efficient and expedient method of retaking possession than traditional civil litigation.
In the Spotlight: The Rule Against Perpetuities
Variations in the Rule Against Perpetuities ("the Rule") exist as to when and if the Rule applies to preemptive rights, options to purchase and lease renewal options, and the law continues to evolve.
Special Issues in Retail Leasing
This article discusses three unique jurisdictional issues relating to remedies, enforceability, and transferability, and explores the positions asserted by both landlords and tenants.
Business Crimes Hotline
More about sentencing in the FCPA Sting trial described in the lead article in this issue.
Features
The Indian Supreme Court's 2G Ruling
The importance of due diligence and anti-bribery compliance programs when companies conduct business in countries that historically present a greater risk of corruption.
Forfeiture: A Primer on Proceeds
The U.S. Court of Appeals for the Second Circuit has become the second court of appeals to reject the government's broad interpretation of the statute defining "proceeds" for purposes of federal forfeiture proceedings.
FCPA: Were the Sting Trials Doomed from the Start?
The authors had a front-row seat to the challenges the government faced in the FCPA Sting trials ' they represented a client in the second trial.
Features
D&O Insurance Issues in Bankruptcy
In a D&O policy, the definition of "Claim" can significantly affect the scope of coverage. Disputes can arise when the insured, whether voluntarily or involuntarily, files for bankruptcy or becomes insolvent.
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MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.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 ›
- 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 ›