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January 29, 2009

Highlights of the latest equipment leasing case law.

Current Issues in Syndicated Lending: Defaulting Lenders and the Failure to Fund

January 29, 2009

The adverse impact of the current market disruption on many financial institutions has given rise to an increased risk of the occurrence of lenders defaulting on lending obligations. This, in turn, has placed unexpected focus both on the effectiveness of defaulting lender provisions and certain other funding and management mechanics of many syndicated credit agreements.

Real Property Law

January 29, 2009

Analysis of recent rulings.

Landlord & Tenant

January 29, 2009

Commentary on the latest cases.

Development

January 29, 2009

A look at recent rulings of importance.

Court Watch

January 29, 2009

Quiznos' Termination Of Franchise Agreement Declared Unlawful <br>Competing Restaurants Each Incur Partial Loss of Trademark Rights

It's Going to Be a Green Year

January 29, 2009

Clean energy is a top priority for the Obama administration and the new Congress. The President's campaign pledges and post-election comments posit clean energy as a key element for advancing the nation's economic recovery, fostering energy independence, addressing climate change, and reinvigorating American leadership in innovation and manufacturing.

Renewable Energy Leasing Opportunities

January 29, 2009

Lately there has been increased interest in the use of sale-leasebacks as a financing mechanism for solar projects. While most of the activity to date has involved solar projects, there is no reason that sale-leasebacks could not be used to finance other types of renewable energy or other energy projects eligible for investment tax credits under Section 48, such as fuel cells, geothermal or certain combined heat and power facilities, as well as integrated gasification combined cycle and other advanced coal-based generation projects under Section 48A or gasification projects under Section 48B.

The Leasing Hotline

January 28, 2009

Recent rulings of interest to you and your practice.

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.

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The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
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Don't Sleep On Prohibitions on the Assignability of Leases
Attorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.
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A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
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