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Granting Expansion Options to Tenants
Flexibility is an important consideration for tenants when approaching a commercial lease. That has likely never been more true than it is in today's market, as tenants have one eye on a prosperous future, but still have the sting of the recent economic downturn fresh in their minds. One way that tenants seek that flexibility is through expansion rights. Whether in the form of pure expansion rights, rights of first offer or rights of first refusal, such rights can provide an enticing incentive for tenants who desire long-term flexibility, but either cannot predict the amount of space they will need long term, or cannot commit to that much space at the time of lease execution. When properly drafted, such expansion rights should not be a significant detriment to the landlord, making them the perfect incentive for both sides. Nonetheless, a prudent landlord must consider a number of factors when granting expansion rights to a tenant.
Type of Right
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.
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.
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.
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.
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.