SEC Mark-to-Market Report
January 28, 2009
As attorneys, why should you care about developments in fair value accounting? In a word: Disclosure. The further clarification and guidance on fair value and mark-to-market accounting requirements appear to be heading in a direction that may require increased disclosure requirements, which may in turn require your input.
In the Courts
January 28, 2009
An in-depth discussion of key litigation.
Ponzi Schemes Revisited
January 28, 2009
The unraveling of a $50-billion dollar Ponzi scheme allegedly perpetrated by Bernard L. Madoff has brought a new magnitude to an old but hardy scam. Here's a look at how Ponzi schemes work.
Perpetual Tolling for Fraud Against the United States?
January 28, 2009
last fall, Congress breathed new life into the old WSLA law, amending it to apply to the ongoing conflicts in Iraq and Afghanistan as well as any future military engagements expressly authorized by Congress. The impact of these amendments will be significant for the defense of any clients who regularly do business with the government.
Bankruptcy and Fraud: The Ties That Bind?
January 28, 2009
In the current environment, factors such as a shortfall in assets, lack of debtor-in-possession financing and absence of potential buyers may make liquidation the only recourse in bankruptcy. With fewer dollars to satisfy claims, creditors may resort to litigation, alleging fraud as a means for obtaining recoveries. This could lead to additional exposures for directors and officers at companies facing bankruptcy.
The Most Crucial Commercial Lease Cases
January 28, 2009
The first part of this article, which appeared in the December 2008 Issue, discussed cases that address the preference for stability over sense, mitigation and interpretation of leases. The cases in Part Two herein address enforcement and violations.
In the Spotlight: Commercial Landlord Protections in Difficult Economic Times
January 28, 2009
Today, landlords are particularly worried about tenant bankruptcies. True, this has always been a concern for commercial landlords, but previously their focus may have centered on smaller, start-up businesses rather than the large anchor tenants that are currently seen knocking on the bankruptcy court's door.
Don't Give Rent Relief Without Any Strings Attached
January 28, 2009
There are several different types of rent relief, ranging from an all inclusive "gross" rent, to a temporary reduction in base rent, or converting the economic terms of the lease from fixed rent payments to a "percent in lieu" deal, where the tenant's rental obligation is based on a percentage of gross sales generated at the premises. This article describes the options.
