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Vigilance and Planning Are Necessary in Bankruptcy Matters
Two recent decisions by the U.S. Court of Appeals for the Seventh Circuit have attracted the attention of leasing lawyers. Both of those cases demonstrate that landlords and tenants alike may be taken by surprise by the operation of the Bankruptcy Code.
The first decision that created quite a stir involved a landlord's bankruptcy. While at first reading the facts and outcome of the case seem devastating to tenants, further analysis proves that the true lesson of the case may simply be that the tenant must vigilantly protect its rights if its landlord is in bankruptcy.
In Precision Industries, Inc. v. Qualitech Steel SBQ, LLC, 327 F.3d 537 (7th Cir. 2003) the court held that the sale of the debtor's assets, including property that was subject to a ground lease, was a sale free and clear of the tenant's interest, thereby extinguishing the tenant's leasehold interest. In this case, Qualitech Steel, the debtor, ground leased land at its steel mill facility to Precision. The tenant then proceeded to construct a warehouse on the leased land as part of an integrated, on-site, supply and services arrangement with Qualitech. The ground lease had a term of 10 years and called for the payment by Precision to Qualitech of an annual rent of $1.
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Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
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Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.