Selecting a Leasing Broker
July 28, 2009
In order to assure that a firm chooses the best broker for the job, management should begin by soliciting proposals from a minimum of three or four brokers through an appropriate Request for Proposal process. To be certain that the RFP process provides the firm with relevant information from each broker to reach the best decision, the RFP should request detailed responses to the 10 questions addressed in this article.
Avoid Double Taxation
July 28, 2009
The People's Republic of China has issued two circulars providing detailed compliance requirements aimed at reaching foreign service providers with clients in China. These new provisions will likely cause U.S. and multinational law firms with clients in China to reconsider existing practices and client engagement procedures in order to avoid the possibility of double taxation.
OPEB, COLI and Post-Retiree Needs
July 28, 2009
The recently passed COLI Best Practices ' 101(j), Deferred Compensation ' 409A and the Medicare Act of 2003 require advisers to review all qualified and nonqualified benefit programs. These legislative changes and the courts' review of COLI provide attorneys with a different approach to help solve their benefits planning problems. While pensions have been codified, limited, and scrutinized since 1974 with ERISA, non-pension post-retiree benefits (OPEB-GASB 45, FAS 106, and IAS 19) have been less regulated ' until now. Judicial action, legislation, and administrative agency action have caused a paradigm shift in benefits planning.
Organizational Risk in an Economic Downturn
July 28, 2009
During turbulent economic times, organizations need to be especially vigilant to minimize potential risks that could ultimately affect the bottom line or shareholder ROI.
Shareholders to Gain Access to Company Proxy Statements for Director Nominations
July 28, 2009
On May 20, 2009, the SEC proposed amendments to the existing proxy rules that would, among other things, allow shareholders to nominate directors in a company's proxy materials. Chairman Mary Schapiro strongly encourages interested parties to participate in the Commission's comment process that will end on Aug. 17, 2009.
In the Spotlight: Leasehold Financing; It's Good to Have Options
July 28, 2009
This article discusses one particular concept in commercial leasing, which, if properly addressed and negotiated up front, is likely to benefit both the landlord and the tenant by providing greater security and increased credit possibilities in the years to come ' namely, leasehold financing.
On the Move
July 28, 2009
Who's doing what; who's going where.
Secured Lenders' Right to Full Payment
July 28, 2009
The U.S. Court of Appeals for the Seventh Circuit held on May 5, 2009, that two secured lenders were fully secured, "entitled to a full recovery" from the debtor despite the bankruptcy court's improper valuation of the collateral (improved airport terminal space) securing the lenders' underlying $60 million loan. <i>In re United Air Lines, Inc.</i>
