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

The Leasing Hotline
October 29, 2007
Highlights of the latest commercial leasing cases from around the country.
Subleasing Pointers: The Perspective of a Prime Landlord, Sublandlord, and Subtenant
October 29, 2007
This three-part article provides a pointers for the Prime Landlord, Sublandlord, and Subtenant to consider when negotiating provisions relating to subleasing.
In the Spotlight: Things to Think About During Review of a Lease
October 29, 2007
To review another party's form commercial retail lease adequately and completely, one must analyze all the attached exhibits. Do the exhibits to the lease either supplement the lease or potentially modify its terms and conditions. This article covers: 1) commencement date memorandum; 2) estoppel certificates; 3) exclusives and prohibited uses; and 4) rules and regulations.
Alienation of Tenants' Rights: Factors to Consider to Make a Ground Lease Financeable
October 29, 2007
This article suggests some tips to consider in the negotiation of the provisions of a ground lease that will be the center of attention for the leasehold mortgagee. These tips should help to smooth the way for the tenant's leasehold financing by an institutional mortgagee.
Case Notes
September 28, 2007
Highlights of the latest commercial leasing cases from around the country.
Creditor's Rights Vindicated: Bad Faith Chapter 11 Dismissed By Appellate Court
September 27, 2007
The U.S. Supreme Court has often declared that the bankruptcy court is a place strictly reserved for 'honest debtors.' And while that connotes individuals, there is no escaping the implication that it is just as applicable to businesses that should only be seeking to advance legitimate ends via the bankruptcy process. Yet, an even more direct admonition to all who may file a bankruptcy case is the requirement of 'good faith,' a concept general enough to be adaptable, but strict enough to require entrants to come into the proceedings with the proverbial 'clean hands.'
When Real Estate Isn't Real
September 27, 2007
For years, e-commerce writers have distinguished the 'bad, old bricks-and-mortar' world from the 'new and improved' e-commerce economy. But recently, the marketing, purchase and sale of real estate have all begun to join online.
What's New in Leasing Law
September 27, 2007
An overview of recent equipment leasing cases.
Real Property Law
September 27, 2007
Review and analysis of several key cases.
Landlord & Tenant
September 27, 2007
Two important cases for your review.

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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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