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Pitching Green: The Benefits of Green Technology and Sustainable Building
Every successful entrepreneur understands that you must know your audience before making a business pitch. This same cardinal business rule applies to commercial office developments and renovations; a developer or owner interested in pursuing a green building project needs to be prepared to justify the green rationale to different audiences having a stake in the project. Investors and lenders will want to know how the green components impact development and operational costs. Prospective tenants will have an entirely different focus ' they will want to know how the green features will enhance the company's image or impact employees' use of the space.
The term 'green building' generally refers to an approach to make building improvements more energy efficient and reduce the negative impacts on human health and the environment. In 1998, the U.S. Green Building Council, a coalition of building industry leaders, first launched the LEED (Leadership In Energy and Environmental Design) Green Building Rating System in order to grade buildings in such areas as site selection, energy and water consumption, indoor air quality, and use of renewable materials. The U.S. Green Building Council has developed separate LEED rating systems for, among others, new construction, existing buildings, and commercial interiors. Despite its increased acceptance, commercial developers and building owners wishing to undertake a green development or renovation may have to justify to investors and lenders why a project should incorporate green technology and, therefore, 'go beyond code.'
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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.
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.
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.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.
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.