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Fair Value Accounting: Insights and Issues

December 19, 2008

This article examines the accounting principles and the framework underlying fair value measurements and clarifies the difference between mark-to-market accounting and fair value accounting. The article then examines the application of fair value accounting in inactive or illiquid markets, and in doing so, raises certain thematic issues that have surfaced in regard to this topic.

What's New in the Law

December 19, 2008

Highlights of the latest equipment leasing cases.

The Disappearance of Qs: A Knockout Punch to Securitizations?

December 19, 2008

Proposed changes to accounting rules for securitization vehicles will further challenge this already fragile market, threatening its role as a significant source of liquidity.

The Leasing Hotline

December 15, 2008

Recent rulings of interest to you and your practice.

Tenants Beware!

December 15, 2008

This two-part article focuses on how the SNDA can have other impacts that are at least as important as a tenant's concern not to be disturbed in its possession of the premises. The conclusion herein discusses lender issues.

Switching to Fixed Operating Costs

December 15, 2008

By carefully analyzing those items that are included in Fixed Costs, those items that are excluded from Fixed Costs, and the manner by which Fixed Costs will be escalated each year, a tenant can effectively convert from the payment of a proportionate share of additional rent expenses to the payment of a Fixed Cost expense. Here's how.

In the Spotlight: Evidence in Broker's Actions for Commissions

December 15, 2008

In the litigation of an action brought to recover real-estate brokerage commissions, evidence that is ordinarily excluded is nevertheless admitted because of the necessities attendant in such actions for the claimant to establish the elements of a cause of action. the author discusses why.

The Latest Litigation Rage

December 15, 2008

How to avoid public access lawsuits under Title III of the ADA, including a complete rundown of things to watch out for, and stopping trouble before it starts.

Happy (?) New Year: 2009, Retailers and Bankruptcy

December 15, 2008

This article discusses some of the challenges that face retailers who may file Chapter 11 in the coming year, and offers some suggestions for increasing the odds of successfully reorganizing.

Levying Rents Pursuant to Monetary Judgment

November 25, 2008

New York's law on levies of rents pursuant to money judgment is most peculiar. The obligation of a tenant (T) to pay rent runs with the land. Let us call the forward-looking obligation of a tenant to pay rent a "rent receivable." New York law insists that the rent receivable is real property. Once the rent receivable is actually paid, the proceeds are considered the landlord's personal property. Collection of the rent "severs" the dollars from the real property.

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Supreme Court Hears Arguments In Corporate Trademark Infringement Remedy Calculation Case
The business-law issue of whether and when a corporate defendant is considered distinct from its affiliated entities emerged on December 11 at the U.S. Supreme Court, with the justices confronting whether a non-defendant’s affiliate’s revenue can be part of a judge’s calculation of the monetary remedy for the corporate defendant’s infringement of a trademark.
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Navigating AI Risks: Best Practices for Compliance and Security
The most forward-thinking companies embrace AI with complete confidence because they have created governance programs that serve as guardrails for this incredible new technology. Effective governance ensures AI consistently aligns with an organization’s best interests, safeguarding against potential risks while unlocking its full potential.
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What Will 2025 Bring for Legal Tech
It’s time for our annual poll of experts on what they expect 2025 to bring in legal tech, including generative AI (of course), e-discovery, and more.
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AIAs: A Look At the Future of AI-Related Contracts
AI’s rapid market proliferation and regulatory expansion mirrors privacy’s, and businesses should model their contractual AI compliance on the successes of privacy law’s DPA and BAA.
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The Death of SEO: How AI Is Impacting Search, PPC and Cookies
Traditional keyword strategies and ranking tactics are losing ground to a more dynamic approach in which optimizing for search now means optimizing for every platform and user interaction. This evolution is appropriately being called “Search Everywhere Optimization.” The redefined SEO reflects how AI is not just changing how people find information but also how businesses need to think about visibility in an increasingly connected digital ecosystem.
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