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We found 2,403 results for "Commercial Leasing Law & Strategy"...

In the Spotlight: A Tenant's Right to Offset
June 10, 2013
A commercial tenant's right to remedy a default by the landlord by performing the required work itself, and then offsetting the costs of such work against future rental payments, is an effective remedy. But a tenant needs to review the lease agreement and know the local laws.
Coverage for 'Diminution in Value' in Commercial Property Insurance Policies
June 10, 2013
Cases in numerous states mandate coverage for post-repair diminution of value under automobile policies. But few mandate such coverage under commercial property policies not covering automobiles.
News Briefs
May 31, 2013
Highlights of the latest franchising news from around the country.
Due Diligence Considerations in M&A Deals in Entertainment, Sports and Media Industries
May 31, 2013
For entertainment, sports and media (ESM) industries bidders ' and their counsel ' contemplating a merger-and-acquisition deal, last year's Delaware Supreme Court decision in <i>RAA Management LLC v. Savage Sport Holdings Inc.</i> highlighted the importance of assessing risk early in the due diligence process.
Cooperatives & Condominiums
May 29, 2013
In-depth discussion of several key rulings.
Movers & Shakers
May 24, 2013
Who's going where; who's doing what.
The Repair and Maintenance Gap
May 24, 2013
Many commercial leases have what can be called a "repair and maintenance gap." This gap is created when the lease specifies certain repairs and maintenance for which each of the tenant and the landlord are responsible, but then is silent on others.
In the Spotlight: The Assignment Provision
May 24, 2013
Tenants are accustomed to negotiating assignment provisions heavily as they relate to a third-party transfer. However, the effects that such provisions can have on a tenant's corporate autonomy are often overlooked.
Areas of Concern When Leasing Previously Improved Space
May 24, 2013
Quite often, prospective tenants are considering leasing space that has been improved by former tenants. This article addresses certain concerns, and ways in which prospective tenants can seek to reduce their risk.
Secured Lender's Loss of Possessory Lien Affirmed
May 20, 2013
The U.S. Bankruptcy Appellate Panel for the Eighth Circuit held on March 25, 2013, that a lender "lost its possessory lien when it turned the Debtor's account funds over to the Trustee without first seeking adequate protection.

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  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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