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In the Spotlight: Tenant Improvement Allowance — Two Perspectives
How a tenant is permitted to apply its tenant improvement allowance for its build-out is frequently a controversial topic during lease negotiations.
From the landlord's perspective, the landlord is “giving” an allowance to the tenant in order to finance the tenant's construction of certain improvements to the landlord's space. These improvements are theoretically beneficial to the landlord at the end of the tenant's lease term. Because of this perspective, the landlord usually requires that the allowance be spent entirely on costs directly attributable to actual leasehold improvements, such as the hard costs of construction and certain circumscribed soft costs such as design and construction management fees. This requirement provides the landlord with the comfort of knowing that the entire amount of the allowance is invested in the landlord's building.
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Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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.
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.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.