Commercial Leasing Law & Strategy

Driven by elevated interest rates, tightening credit markets, and sustained demand for logistics and manufacturing capacity, industrial operators have increasingly turned to sale-leasebacks to monetize owned real estate, improve balance sheets and free up capital for core operations — all without surrendering operational control of mission-critical facilities.

In commercial real estate transactions, delivery of the original promissory note is typically a closing requirement, but originals can be misplaced, lost in transit, or separated from the loan file. A missing note is not fatal to enforcement —it simply changes the plaintiff’s burden.

When a construction dispute arises, one question almost always comes to the forefront: who ultimately bears the financial risk if something goes wrong? For owners, contractors, and subcontractors alike, the answer often turns on a single contractual provision: indemnification. This article examines the principal types of indemnification clauses, the duties they create and how courts interpret them.

Big Law competition for top real estate partners has accelerated in 2026 amid heightened client demand in their practices and a growing alignment between real estate and energy practices for data center work.