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In the Spotlight: The Use of a Captive Insurance Company By a Commercial Tenant
November 26, 2010
This article addresses what it means for a tenant to self-insure or obtain insurance through a captive, and how a landlord and tenant can modify their lease accordingly.
The Operating Expense Gross-Up
November 26, 2010
Landlords and tenants that include property taxes as a variable expense for purposes of a gross-up provision should provide for a thorough and detailed accounting methodology to avoid disputes when those expenses are billed.
In the Courts
November 26, 2010
Recent rulings of interest to you and your practice.
Business Crimes Hotline
November 26, 2010
National rulings of interest.
Insider Trading: It's Not Just for Suits
November 26, 2010
On Sept. 30, 2010, the SEC brought an insider trading case against two railroad employees and their relatives, alleging that the defendants reaped more than $1 million in illegal gains by trading on nonpublic information about the planned takeover of the railroad company.
Honest-Services Fraud in the Wake of Skillings
November 26, 2010
The Supreme Court has tried again to restrict application of the honest-services fraud statute (18 U.S.C. ' 1346), which has been zealously used by prosecutors to target a wide swath of allegedly unethical behavior by public officials and private employees alike.
And at the Whistle, They're Off
November 26, 2010
The new Dodd-Frank Act not only alters the manner in which companies will handle their own compliance and disclosure obligations; it may dramatically change the way issuers conduct internal investigations.
Valuation Disputes in Bankruptcy Litigation
November 26, 2010
In contested bankruptcy cases, success in litigation ' over issues such as the enterprise value of the debtor ' can determine the success of the reorganization. Management and the board of directors should be aware of (and plan for) certain dispute-related "facts of life," long before the company files in court.
Substantial Contribution Claims
November 26, 2010
In two recent decisions, the United States Bankruptcy Court for the Southern District of Texas clarified the subjective standards regarding a creditor's entitlement to an allowed administrative expense under ' 503(b)(3) and (4) of the Bankruptcy Code.
Texas Rangers: A Big Changeup on Impairment?
November 26, 2010
The concept of "impairment" under a Chapter 11 plan has evolved since the Bankruptcy Code was enacted. A noteworthy step in that development was part of a ruling by the bankruptcy court overseeing the whirlwind Chapter 11 case of Major League Baseball's Texas Rangers.

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