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This article is a follow-up instalment to Part One in this series, “Sui Generis: Draft Like You Mean It,” from the March issue. As further follow-up regarding tracking of the lifecycle of a commercial lease, Part Two addresses various negotiation events, strategies, desired outcomes and potentially low key disasters. The previous article talked about language nuances, Part Two deals with what happens when you talk about those things — how these items should be discussed and what positions are worth taking and which aren’t (the repetition of the word “talk” is deliberate, because it’s all about the talking to produce the results). Blacklines can only talk to each other for so long until actual humans need to verbally interface (well, at least until AI takes over).
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Sui Generis: Collaborate Like You Mean It
By Lydia Pilch
Part Three of a Series
This article offers up some thoughts about how lawyers ought to access and manage resources in order to provide a multi-faceted, full-service approach to addressing their clients’ needs.
Court of Appeals Addresses Pretext By Municipalities As A Bar to Land Use Approvals?
By Steven M. Silverberg
Recently, there have been several instances in which municipalities have been challenged by property owners claiming that the municipal boards have utilized delaying tactics and other actions as a pretext to prevent development of their properties.
Court Caps Landlord's Bankruptcy Claim Against Lease Guarantor
By Andrew C. Kassner and Joseph N. Argentina Jr.
Given that landlord damage claims could overwhelm other creditor claims in a tenant’s bankruptcy case, the Bankruptcy Code includes a provision that limits a landlord’s claim, which presents challenges for landlords as creditors in bankruptcy cases.
Due Diligence Commercial Leasing Best Practices In New Jersey
By Zachary Rosenberg
Due diligence for CRE loans involves a comprehensive review and analysis of the various conditions and risks associated with the property being mortgaged, with the goal of mitigating such risks to the greatest possible extent before closing the loan.