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Lease Due Diligence
May 28, 2012
When negotiating a lease of a parcel that is subject to an REA, a practitioner must be aware that there are many ways that an REA can adversely impact a tenant. This article lists eight factors to consider when reviewing an REA.
In the Spotlight: Renewing a Retail Lease
May 28, 2012
This article examines the topics that should be contemplated in an amendment to an existing lease, and also discusses the manner in which these issues may be addressed.
Your Tenant Is in Default, But the Entity Does Not Exist
May 28, 2012
More often than you might think, landlords enter into leases with tenant-entities only to find later, when the tenant defaults under the lease, that the tenant-entity was never lawfully formed or did not exist at the time of entering into the lease.
In the Courts
May 27, 2012
An in-depth analysis of key decisions of note.
Business Crimes Hotline
May 27, 2012
Analysis of two separate decisions of note.
When Taking Proprietary Information Is Not a Crime
May 27, 2012
In back-to-back decisions, the Ninth and Second circuits interpreted three different federal statutes '' the CFAA, the NSPA, EEA '' in ways that narrowed federal prosecutors'' ability to charge former employees for stealing proprietary information from their companies.
Update: The IRS Whistleblower Program
May 27, 2012
This article continues last month's discusssion with a look at the IRS whislteblower program's success to date, as well as proposed improvements to the program.
The Fragile Fifth Amendment
May 27, 2012
When the contents of electronic devices are encrypted, must the owner facilitate the government's review by decrypting the data or supplying the password to do so? A look at recent rulings.
Asbestos Claims
May 27, 2012
Asbestos defendants that file for reorganization under the U.S. Bankruptcy Code and seek to establish a personal injury trust for the payment of claims may transfer their liability insurance recovery rights to the trust even if the insurance policies include provisions barring the transfer of such rights.
Court Reverses 'Ponzi-Like' Fraudulent Transfer Ruling
May 27, 2012
The Fifth Circuit recently reversed a district court's fraudulent transfer judgment based on a financially troubled entity's gift to a charity. <i>The American Cancer Society v. Cook</i>.

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