Anti-Idling Laws: Landlords and Tenants Beware
April 24, 2009
Over the past two years, many states have passed "anti-idling" laws that prohibit excessive motor vehicle idling. The focus of these laws is on owners and operators of larger commercial vehicles, many are written so broadly that enforcement procedures and fines can be imposed on landlords/property owners and tenants of property ...
The Most Crucial Commercial Lease Cases
April 24, 2009
The first part of this article, which appeared in the December 2008 issue, discussed cases that address the preference for stability over sense, mitigation and interpretation of leases. The second part, which appeared in the February 2009 issue, discussed cases that address enforcement and violations. The cases in the conclusion herein address stipulations and eviction.
How to Create Common and Uncommon Assignment/Subletting Problems
April 24, 2009
Under common law, absent a lease restriction, tenants had been free to assign their leasehold interest to others or to sublet all or part of their leased space. That rule of law is of little consequence today because virtually all leases restrict assignment and subletting rights, often in excruciating detail.
In the Courts
April 24, 2009
Analysis of recent high-profile cases.
Developments, Risks and Advanced Structures in the Lease Syndication Market
April 15, 2009
Lease syndications have enjoyed a significant rise in popularity in recent years. This rise in popularity has brought about an evolution in the commonly used structures, leading to additional complexity and confusion in practice. In this article, we provide a framework for analyzing syndications and addressing the practical needs of originators and funders.
First Modifications Since 2001 Considered for UCC Article 9
March 31, 2009
Part One of this article addressed items on the Article 9 Joint Review Committee's agenda, including naming issues and transmitting utilities. This second installment discusses forms of initial financing statements and amendments, correction statements, control of deposit accounts, intangibles, and the <i>Commercial Money Center</i> and <i>Highland Capital</i> cases.
