Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
The Four Archetypes of a Defaulting Tenant and How to Handle Them
Commercial real estate landlords depend on the success of their tenants to continue to pay rent and otherwise satisfy their lease obligations. If the tenant's business is struggling, it may have difficulty paying the rent and default may not be far off. Even if the struggling tenant is able to continue to pay rent, they may come to landlord to request some sort of rent deferral or other relief or perhaps lease restructuring, including downsizing or early termination.
As a preliminary matter, the landlord needs to know its lease and landlord's rights and remedies under the lease as well as at law. The landlord should get its legal advisor involved early and keep its legal advisor aware of potential lease defaults. As time passes, options and remedies may close.
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.