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We found 2,426 results for "Commercial Leasing Law & Strategy"...

Recent Developments from Around the States
April 07, 2004
National rulings of importance to your practice.
This Ain't Your Average Hamburger Joint: Making a Mountain Out of a UFOC Designed to Fit a Molehill
April 01, 2004
What happens when your client wants to build a mountain? Literally. And franchise the concept. That's exactly the challenge presented by the WaterSnoGo proposed franchise under development by M-O-H INCORPORATED.
Civil Litigation Implications of Corporate Employees' Criminal Acts
April 01, 2004
When corporate employees engage in criminal wrongdoing, the result is often civil litigation against their employer. The criminal conviction of such employees, whether by trial or plea, or their invocation of the privilege against self-incrimination, can have serious adverse consequences in related civil litigations against their employer, even if the employee (or former employee) is not a party. This article discusses the use of such evidence against corporations.
New Technology Cases Update
April 01, 2004
Cases in entertainment law that deal with the use, deployment or development of technology.
Real Property Law
April 01, 2004
The latest real property law rulings you need to know.
True Lease or Secured Financing: Recovering Meaningful Residual Value
March 31, 2004
Equipment lessors bargain for a very different set of legal rights than secured creditors. These bargained-for rights are often subject to attack, particularly in the Chapter 11 context where it is common for interested parties to challenge the characterization of a Chapter 11 debtor's obligations under an agreement styled as a lease. <i>See In re APB Online, Inc.</i>, 259 B.R. 812, 815 (Bankr. S.D.N.Y. 2001). As the recent decision by the Third Circuit in <i>Duke Energy Royal, LLC v. Pillowtex Corp. (In re Pillowtex, Inc.)</i>, 349 F.3d 711 (3d Cir. 2003) illustrates, when faced with the question of whether a transaction constitutes a "true" lease or a secured financing, Bankruptcy Courts will look through the cosmetics of the deal to its substance. To avoid the re-characterization of an equipment lease by a Bankruptcy Court, an equipment lessor must structure its transactions to retain an economically meaningful "residual value" in the leased property.
Know When to Hold Them, Know When to Fold Them: Determining Whether the Equipment is Worth the Cost of Litigation
March 31, 2004
Is the equipment really worth the cost of litigation? Before advising clients to pursue problem accounts legally, it pays to determine the true market value of the equipment in question.
Lien Waiver, Access Clause in a Lease Can Be Crucial
March 22, 2004
Although the primary purpose of real estate leases is to rent space, tenants should take the time to develop and implement lease strategies that facilitate their operational methods and strategic plans.
Shopping Center Remodeling and Expansion: Model Language for Drafting a Lease
March 22, 2004
This two-part article explores some of the issues that arise when negotiating a lease form that contains clauses defining the rights of the landlord and obligations of the tenant with regard to remodeling or expanding a shopping center. The first part of the article discussed negotiating points that could benefit the parties during the administration of the lease. The conclusion provides some suggested model language to consider when drafting a lease.
The Leasing Hotline
March 22, 2004
Highlights of the latest commercial leasing cases from around the country.

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  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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  • Supreme Court Asked to Assess Per Se Rule Tension in Criminal Antitrust
    In recent years, practitioners have observed a tension between criminal enforcement of the broadly written terms of the Sherman Antitrust Act of 1890 and the modern Supreme Court's notions of statutory interpretation and due process in the criminal law context. A certiorari petition filed in late August in Sanchez et al. v. United States, asks the Supreme Court to address this tension, as embodied in the judge-made per se rule.
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  • Restrictive Covenants Meet the Telecommunications Act of 1996
    Congress enacted the Telecommunications Act of 1996 to encourage development of telecommunications technologies, and in particular, to facilitate growth of the wireless telephone industry. The statute's provisions on pre-emption of state and local regulation have been frequently litigated. Last month, however, the Court of Appeals, in <i>Chambers v. Old Stone Hill Road Associates (see infra<i>, p. 7) faced an issue of first impression: Can neighboring landowners invoke private restrictive covenants to prevent construction of a cellular telephone tower? The court upheld the restrictive covenants, recognizing that the federal statute was designed to reduce state and local regulation of cell phone facilities, not to alter rights created by private agreement.
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