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We found 2,409 results for "Commercial Leasing Law & Strategy"...

Fifth Circuit Holds Asset Purchaser Unable to Acquire Rejected License Agreement
December 01, 2018
A license agreement "deemed rejected by operation of law" could not be acquired under a court-approved asset purchase agreement, held the U.S. Court of Appeals for the Fifth Circuit
Due Diligence in Distressed Community Hospitals
December 01, 2018
Many community hospitals are in distress. The causes are varied but have a constant theme — the cost to adapt to a rapidly changing environment.
The Gold Rush of NJ Cannabis Leasing: Avoiding a Few Traps for the Unwary
December 01, 2018
In this ever-evolving space, where 30 states have permitted medical cannabis and nine states have permitted adult-use cannabis, there are many issues that come into play in a lease tailored to cannabis dispensing or grow facilities. This article sensitizes the reader to the notion that these types of leases are not “business as usual,” and that they have their own nuances.
Case Notes
December 01, 2018
Two Lawsuits, No Collateral Estoppel<br>No Meeting of the Minds in Forged Lease
'Shell Game' Gets Away From Commercial Lease Guarantor
November 01, 2018
In the real estate business, as in many others, the question of just who is contractually responsible when things go wrong is a recurring one, particularly when a closely-held corporation or other business entity is involved.
Early Termination Provisions: A Landlord's Saving Grace … If Done Right
November 01, 2018
The focus of this article is the “early termination provision,” a lease provision that affords landlords the tactical advantage they need. Specifically, this article seeks to: 1) guide the practitioner through the pitfalls of a poorly drafted termination provision; and 2) advise the practitioner how to craft a proper and effective termination provision.
Which Financial Representations Will Justify a Discharge Objection after Lamar, Archer?
November 01, 2018
The Supreme Court's decision in <i>Lamar, Archer &amp; Cofrin, LLP v. Appling</i> has significantly constricted the range and nature of statements that will support a successful objection by a creditor to the discharge of a debt that was obtained by the statements in question. This constriction could have a very real impact on how entities that loan money or provide services on credit review and collect information regarding a borrower's creditworthiness.
Case Notes
November 01, 2018
Subtenants Not Entitled to Notice Under Law<br>Illegal Tenant Activity Negates Insurer's Responsibility to the Landlord
Transient Rental Ban Does Not Violate Fair Housing Act
October 01, 2018
In a recent decision, the Eastern District of New York dismissed a multi-pronged challenge to a local municipal ordinance that regulates rental of property on a short-term or transient basis.
When Can a Landlord's Consent to Assignment be Reasonably Withheld?
October 01, 2018
Assignment provisions in a commercial lease often boil down to the following seemingly simple, but more often than not complex, standard: that the lease may only be assigned or the premises subleased with the landlord's consent, not to be unreasonably withheld. The following examples of case law illustrate how courts have construed this provision under various circumstances.

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  • Substantive Non-Consolidation Opinion Letters
    <b><I>Considerations for Bankruptcy Counsel</I></b><p>Substantive non-consolidation opinion letters have long been a regular “check-the-box” item in large commercial real estate transactions. While substantive consolidation jurisprudence has not changed materially over the past decade, these opinion letters should not be treated lightly by borrowers or their counsel.
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