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Commercial Leasing Law & Strategy

Features

Potential Antitrust Risks When Using AI-Driven Software Pricing Tools Image

Potential Antitrust Risks When Using AI-Driven Software Pricing Tools

Ryan Krone & Richard Brosnick

Companies need to seriously consider the potential antitrust risks when using AI-driven or algorithmic software-based third-party services for things such as pricing or inventory management. These tools can increase efficiency, but can also lead to serious antitrust risks.

Features

Is a Master Lease to Operate Healthcare Facility Classified As ‘Residential’ or ‘Nonresidential’ In Bankruptcy? Image

Is a Master Lease to Operate Healthcare Facility Classified As ‘Residential’ or ‘Nonresidential’ In Bankruptcy?

Francis J. Lawall & Nikki Donofrio

One of the most significant calls on cash in a bankruptcy involves post-petition rent obligations due on leased facilities. Under the Bankruptcy Code, post-petition obligations with respect to leased “nonresidential real property” must be timely paid. While the code draws a distinction between residential and nonresidential real property, there is no explicit definition of “nonresidential,” thus creating difficult issues in certain health care cases.

Features

What You Need to Know About PA’s Act 52 Image

What You Need to Know About PA’s Act 52

John Hosa

The Wholesale Real Estate Transaction Transparency and Protection Act, which requires real estate wholesalers to obtain licensing and grants additional protections to property owners in wholesale transactions, will take effect on Jan. 4, 2025.

Features

Construing Separate Contractual Instruments As One Image

Construing Separate Contractual Instruments As One

Thomas J. Hall & Judith A. Archer

At times, disputes arise among parties in commercial transactions as to whether multiple contracts involving a common matter should be read as a single, integrated contract, or as separate and distinct agreements. This issue often surfaces where one or more such agreements contain arbitration clauses, but other related contracts do not.

Features

What’s In Store for Commercial Real Estate In 2025? Image

What’s In Store for Commercial Real Estate In 2025?

Erik Sherman

With the start of 2025, the pressure’s on for definitive takes on where commercial real estate is going, how long it will take to get there, and who the winners and losers are.

Features

Post-Petition Rent Obligations On ‘Residential’ Versus ‘Nonresidential’ Property Image

Post-Petition Rent Obligations On ‘Residential’ Versus ‘Nonresidential’ Property

Francis J. Lawall & Nikki Donofrio

The lifeblood of any debtor operating in Chapter 11 is access to cash to maintain ongoing operations. This is particularly important in cases involving assisted living and skilled nursing facilities given the health, safety, and welfare concerns with respect to their residents. One of the most significant calls on cash involves post-petition rent obligations due on leased facilities.

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