Health Care Reform
Compliance with the new health care reform bill should include not only reviewing thoroughly your company's existing health-care benefits plans and consulting your benefits experts and employment counsel, but also remaining up-to-date on the changes to and evolution of the health care reform laws, which are far from complete. This article provides a brief description of the changes of which employers should be aware.
Quarterly State Compliance Review
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect from May 1 through July 1, 2010. It also looks at recent decisions of interest from the courts of Delaware, New York and California.
Risk Retention: Throwing the Baby Out with the Bathwater
There is significant, ongoing debate in Congress, as well as among the industry's regulators, as to the direction and scope of financial reform measures designed to address the problems that were perceived to be the cause of the current economic crisis. But the public outcry driving financial reform may unwittingly create risk retention levels in securitization transactions that will ultimately affect Main Street's credit costs, and severely limit access to credit.
Temporary Leasing and Temporary Licensing
Temporary tenants are no longer comprised solely of "mom and pop," new "start-up" businesses and similar tenants that could not afford the rents paid by "in-line" tenants, but rather may be composed of national tenants and sophisticated tenants very familiar with the leasing process.
The Pros and Cons of SNDAs
Lawyers familiar with commercial leasing and lending transactions should be well-versed in the concepts of subordination, nondisturbance, and attornment. It is advantageous for both landlords and tenants to negotiate mutually satisfactory provisions in leases that address such concepts.
BAPCPA: Another Nail in the Coffin of Retail Reorganizations
BAPCPA has had a profound effect on retail reorganizations, particularly, the restriction on bankruptcy courts' broad discretion to extend debtors' time to assume or reject leases. This shortened time period, a maximum of 210 days, has been alleged to be responsible for the death of retail reorganizations.
