Short-Term Leases Can Create Value Uncertainty
March 01, 2022
When executives aren't sure what normal will look like in where employees work, they can't tell how much office space they need. While some sectors of commercial real estate are stable in terms of tenants, others are a question. That's leading to some pushing for shorter-term leases — ironically, both by tenants and some owners — as well as headaches for underwriting as the predictability of tenancy is up in the air.
Common Issues In Commercial Property Bankruptcies
March 01, 2022
As the commercial real estate market undergoes seismic shifts, companies may find themselves in situations where their tenant or their landlord has filed for bankruptcy protection. Questions then quickly arise, such as if and how a landlord may evict a bankrupt tenant, whether a bankrupt tenant may remain as a lessee and continue to occupy the premises, and how to measure damages for a landlord in this situation, both before bankruptcy and going forward post-petition.
Strategies and Drafting Techniques for Loan Workouts and Enforcement In 2022
February 01, 2022
A series of strategies and drafting techniques relevant to commercial real estate loan workouts and enforcement. This article isn't a "how-to" primer on loan enforcement or restructuring the distressed loan, it identifies some of the current solutions and insights that have been observed, implemented and proposed during this pandemic-impacted workout cycle.
Why Commercial Insurance Prices Are Rising
February 01, 2022
Commercial insurance prices are rising as increased costs from climate change, the supply chain crisis and inflation take hold, Westchester, a commercial property, and casualty insurance underwriter, said in a new report.
Biometric Privacy: A Year In Review (2021) and The Year Ahead (2022)
January 01, 2022
The year started with Portland, Oregon's ban on the use of facial recognition technology by private entities in places of "public" accommodation. It concluded with the rendering of important appellate decisions on the Illinois Biometric Information Privacy Act. In the middle, was the continued flurry of litigation, class action settlements, and legislative activity.
COVID-19 and Lease Negotiations: Early Termination Provisions
January 01, 2022
During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.
A Look At What 2022 Has In Store for Commercial Real Estate
January 01, 2022
Disaster — a seemingly closed economy, crashed supply chains, tight labor availability, and many millions out of work — turned into rising values, some hot sectors, and rising rents and increased stability by 2021. Stepping into 2022 should be a good deal less jarring. And yet, there might be changes and surprises. Here's what experts see as coming up.
