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Work Letter 'What Ifs': Practical Solutions to Possible Problems
The work letter agreement of the lease (the “Work Letter”) sets forth the rights and obligations of the landlord and the tenant relating to the construction of improvements at the leased premises. For both landlord and tenant, the areas of concern will vary, depending on, among other things, whether the building in which the premises is located already exists or is under construction, and which party is responsible for the payment and performance of the base building work and tenant improvements. During the parties' preparation and negotiation of the lease agreement, various construction-related issues will inevitably need to be considered and addressed by both landlord and tenant.
To help anticipate problems and mitigate associated risks, this two-part article summarizes six “what if” scenarios that should be considered by landlords and tenants when negotiating Work Letters.
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.