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Casualty: A Tenant's Perspective
When a fire or other casualty damages a tenant's premises, especially when the premises is part of a larger retail facility like an enclosed regional mall, the rights outlined in the tenant's lease will dictate how the casualty is handled, including, without limitation, determining what obligations the landlord and the tenant have in the reconstruction of the premises, how long a landlord and a tenant will have to perform their work in order to rebuild the premises, any rent abatement that will occur and any termination rights that either the landlord or the tenant will have based upon the casualty. This article examines a tenant's perspective with regard to those topics, and offers certain insights into how a tenant should draft its lease in order to protect itself in the event of a casualty situation.
Landlord's and Tenant's Tasks Following a Casualty
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.
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.
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.