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Alienation of Tenants' Rights: Factors to Consider to Make a Ground Lease Financeable
To truly understand one's own position, it is best to walk a mile in another's shoes. This is the starting place to reveal the secrets to drafting a financeable ground lease. If the tenant can understand the leasehold mortgagee's concerns and how they integrate with the landlord's converging interests, the battle is already half won. This article suggests some tips to consider in the negotiation of the provisions of a ground lease that will be the center of attention for the leasehold mortgagee. These tips should help to smooth the way for the tenant's leasehold financing by an institutional mortgagee. By adopting an approach that acknowledges the reasonable concerns of a current or future lender, the tenant will be better positioned to avoid protracted negotiations and redrafting.
Term of Ground Lease
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.
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.
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.