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In the Spotlight: Bankruptcy Strategies for Commercial Landlords, Tenants, Lenders, and Real Estate Investors
April 24, 2009
This is the third part in a series dealing with the subject of bankruptcy strategies and considerations for commercial landlords, tenants, lenders and real estate investors. These alerts are intended to highlight for our readers some of the key issues they may wish to consider in connection with the subjects discussed.
How to Create Common and Uncommon Assignment/Subletting Problems
April 24, 2009
Under common law, absent a lease restriction, tenants had been free to assign their leasehold interest to others or to sublet all or part of their leased space. That rule of law is of little consequence today because virtually all leases restrict assignment and subletting rights, often in excruciating detail.
In the Courts
April 24, 2009
Analysis of recent high-profile cases.
Business Crimes Hotline
April 24, 2009
Recent national cases of interest.
Off-Label Promotion of Drugs and Medical Devices
April 24, 2009
A spate of billion- and hundred-million-dollar settlements with the Department of Justice (DOJ) illustrates how the investigation of off-label promotions of drugs and devices has emerged as a predominant theory in pharmaceutical and medical-device prosecutions.
From Booker to Spears
April 24, 2009
Chief Justice Roberts commented in a recent dissent that the Supreme Court's sentencing rulings "have given the lower courts a good deal to digest over a relatively short period." Indeed. Since its landmark holding in United States v. Booker, 543 U.S. 220 (2005), that the Sentencing Guidelines were simply advisory, the Court has swiftly and significantly diminished the relevance of the Guidelines and increased the discretion of district court judges in sentencing defendants. As a…
Pre-Trial Detention and White-Collar Defendants
April 24, 2009
This article reviews how courts assess the right to bail in cases where the defendant allegedly has inflicted massive economic harm on the public.
RED ZONE PURGATORY - LEGAL SALES
April 21, 2009
RED ZONE PURGATORY - How to Navigate Through the Netherworld of Legal Sales There is a time - perhaps only a split second - between when your firm and a prospective client are engaged in a tete a tete about what to do next on a project or potential engagement. It is that moment that lies between what you and your client decide to do next and the RED ZONE. And whether the time purgatory lasts…
What's New in the Law
April 15, 2009
Highlights of the latest equipment leasing law.
Developments, Risks and Advanced Structures in the Lease Syndication Market
April 15, 2009
Lease syndications have enjoyed a significant rise in popularity in recent years. This rise in popularity has brought about an evolution in the commonly used structures, leading to additional complexity and confusion in practice. In this article, we provide a framework for analyzing syndications and addressing the practical needs of originators and funders.

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