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Is What's Past Prologue?
August 21, 2010
This article considers changes in the regulatory climate prior to the 2010 proxy season and the actual voting results, and looks at some issues that will affect proxy seasons in 2011 and beyond.
Dodd-Frank Ushers in New Requirements for Public Companies and Their Boards
August 21, 2010
On July 21, the Dodd-Frank Wall Street Reform and Consumer Protection Act was signed into law by President Obama. It contains several provisions that are specific to public companies, the more significant of which are discussed below.
When Tenants Do The Work, Protect Your Asset
August 21, 2010
Tenants are demanding larger construction allowances, and added care must be taken when representing landlords in these situations, to ensure that tenants' work is completed lien-free and that construction reimbursements are not paid prematurely.
Cooperative Surety Can Help Salvage a Defaulted Project
August 21, 2010
This article provides a helpful guide to the practical operation of payment and performance bonds in the context of an undisputed contractor default.
In the Spotlight: Getting a Lease Signed in 20 Days
August 21, 2010
What can a landlord do to get that critical lease signed as soon as possible so that a competing landlord or global event does not cause this prospective tenant to reconsider?
Alternative Dispute Resolution As a Problem-Solving Device
August 21, 2010
Practitioners have observed escalating disillusion of clients with litigation as the primary vehicle for dispute resolution. Here are its advantages.
On the Move
August 21, 2010
Who's doing what; who's going where.
10 Commandments for a Successful Loan Workout
August 21, 2010
There are indications that commercial real estate loans are on increasingly shaky ground. With that in mind, here are 10 commandments for a successful loan workout.
Asset Sales in Bankruptcy
August 21, 2010
Notwithstanding the dramatic events of the historic mega-bankruptcies over the last two years, little may actually have changed for debtors and potential acquirors of distressed assets on a going-forward basis.
Challenges to Reinstatement of Debt under Young Broadcasting
August 21, 2010
This article explores the facts of both <i>Charter</i> and <i>Young Broadcasting</i> that led the Bankruptcy Court for the Southern District of New York to reach different conclusions regarding what appeared to be substantially similar reinstatement plans.a loan agreement containing terms and interest rates much more favorable than present market conditions may be a valuable asset of a debtor that is worth preserving through reinstatement under ' 1124(2).

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