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

Climate Issues Becoming More Critical for Commercial Real Estate Development
December 01, 2023
Considerations for severe weather and climate, in general, have real estate developers putting more focus on how they build and operate. But add to that rising insurance rates, which have dealt a big blow to budgets as premiums continue to climb.
PA Court Rules Against Property Owners Alleging Impermissible Spot Zoning
December 01, 2023
In a recently published opinion, the Pennsylvania Commonwealth Court rejected an appeal brought by neighboring property owners alleging that a local ordinance constituted impermissible spot zoning. In its analysis, the Commonwealth Court emphasized the heavy burden a challenger must meet to overcome the presumptive validity of a zoning ordinance.
NYC Local Law 18 On Short-Term Rentals Takes Effect
November 01, 2023
New York City's Short-Term Rental Registration Law (Local Law 18), which directly impacts the ability of an individual unit owner to rent his or her apartment on a short-term basis, took effect on Sept. 5, 2023.
Is the Receiver or Debtor More Likely to Preserve and Maximize the Value of the Property In a Bankruptcy?
November 01, 2023
Many clients are not aware that the Bankruptcy Code provides that, upon the filing of a bankruptcy case, the receiver is required to give back possession of the mortgaged property to the debtor unless the lender obtains an order from the Bankruptcy Court excusing the receiver from this requirement.
Evaluating Commercial Leases Post-'Rohrmoos'
November 01, 2023
Rohrmoos should encourage lawyers drafting leases, and those in lease disputes, to account for some new practical considerations. The drafting attorney should — if they are not already — include a clause in the lease expressly stating the parties' covenants are independent from one another.
Are Law Firms' Real Estate and Tech Spending Invariably at Odds?
November 01, 2023
But in place of the common assumption from the COVID years that real estate and technology spending were inversely related, it's becoming increasingly clear that the two line items — which trail only talent on the overall cost hierarchy — have a more complex relationship.
2024 Could Mark a Turning Point for Office Sector
November 01, 2023
The drumbeat of bad news from the office sector has been so pervasive over the past years that it has almost become a fact of life. But a new report suggests that 2024 could mark a turning point — with the possibility in a few years that demand for office space will exceed supply.
Appointment of Receiver Under State Law No Assurance Receiver Will Stay If Ch. 11 Filed
November 01, 2023
Many clients are not aware that the Bankruptcy Code provides that, upon the filing of a bankruptcy case, the receiver is required to give back possession of the mortgaged property to the debtor unless the lender obtains an order from the Bankruptcy Court excusing the receiver from this requirement.
Rite Aid Rejects 168 Store Leases As Part of Bankruptcy
November 01, 2023
Unable to absorb the potential cost of federal, state and private lawsuits over allegations that it, along with other drugstore chains, oversupplied prescription painkillers, Rite Aid filed for bankruptcy protection in September.
Second Circuit Erects Barriers to Due Process When Challenging Permit Denials
October 01, 2023
Although the federal constitution protects against deprivation of property without due process, the Second Circuit and federal district courts have erected significant barriers to dues process claims by landowners who challenge municipal permit denials or revocations.

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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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