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We found 2,414 results for "Commercial Leasing Law & Strategy"...

Judgment Creditors Come One, Come All to NY
June 28, 2011
Recent case law has made New York an extremely beneficial place for a creditor seeking to enforce a judgment against a debtor's foreign assets.
Court Watch
June 28, 2011
Highlights of the latest franchising cases from around the country.
The Limitations of Liability Coverage Under 'Designated Premises' Policies
June 28, 2011
Where CGL coverage is not available, some policyholders have attempted to obtain general liability coverage under policies that provide a more limited coverage, namely policies that provide coverage for bodily injury or property damage liability arising out of the ownership, maintenance or use of a particular "designated premises."
LILOs and SILOs: The Final Chapter?
June 28, 2011
In what may be the final chapter in the years of litigation over tax-exempt entity leasing transactions, the Circuit Court of Appeals affirmed the Federal Claims Court's decision disallowing Wells Fargo's deductions from SILO transactions.
Negligence Claim Precluded by Real Estate Service Contract
June 27, 2011
In <i>Greenwood Land Co. v. Omnicare Inc.</i>, the U.S. District Court for the Western District of Pennsylvania precluded a tenant from claiming negligence against its real estate management company under the gist of the action and economic loss doctrines as a result of a contract that existed between the parties.
Adequacy of Insurance Limits
June 27, 2011
At a time when frugality is in vogue, risk managers acting for landlords and tenants need to be mindful of all elements that can affect the potential value of insurance coverage to be required pursuant to leasehold covenants.
In the Spotlight: Selected Landlord Considerations Following a Request to Sublease
June 27, 2011
Prior to consenting to a sublease, a landlord should be acutely aware of its rights and remedies against the proposed subtenant, and should negotiate a consent document that reinforces those principles.
Retail Leasing in Tough Times
June 27, 2011
This article discusses opportunities that tenants should consider toward reducing fixed-rent costs, and obtaining more favorable lease terms.
In the Marketplace
May 27, 2011
Highlights of the latest equipment leasing news from around the country.
Good News for Lenders to Leasing Companies in Canada
May 27, 2011
U.S. lessors doing business in Canada should be aware of recent developments in Canadian case law that establish the priorities between a lessor and a funding source in a leasing transaction.

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  • Navigating the Attorney-Client Privilege and Work Product Doctrine in Bankruptcy
    When a company declares bankruptcy, avoidance actions under Chapter 5 of the Bankruptcy Code can assist in securing extra cash for the debtor's dwindling estate. When a debtor-in-possession does not pursue these claims, creditors' committees often seek the bankruptcy court's authorization to pursue them on behalf of the estate. Once granted such authorization through a “standing order,” a creditors' committee is said to “stand in the debtor's shoes” because it has permission to litigate certain claims belonging to the debtor that arose before bankruptcy. However, for parties whose cases advance to discovery, such a standing order may cause issues by leaving undecided the allocation of attorney-client privilege and work product protection between the debtor and committee.
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  • Revised Proposal: Understanding the Interagency Statement on Complex Structured Finance Activities
    Many U.S. financial institutions that have participated in equipment leasing transactions (particularly in the large-ticket and municipal markets) in the last 20 years will be keenly aware that as the structures grew ever more complicated, Congress and the federal regulatory agencies grew intensely interested. Whether the institution had a major role in the transaction or simply provided a service, some degree of scrutiny could be expected, often in conjunction with a tax audit of its client. The risks to financial institutions from participating in complex structured finance transactions of all types became a source for concern for banking and securities regulators. The principal federal regulators responded in 2004 with a proposal that financial institutions investigate, and bear responsibility for evaluating, the legal, tax, and accounting basis of their clients' complex structured finance transactions. The goal: to limit the institutions' own credit, legal, and reputational risk from such participation.
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