'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 & 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
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.
Store Closing Lease Rejection in 'Shiekh Shoes'
October 01, 2018
Store closing or liquidation sales are a routine part of Chapter 11 cases involving retail debtors. These sales are consistently authorized by bankruptcy courts, despite lease provisions purporting to forbid them.
Inside the New Tax Act's Changes to Carried Interest
October 01, 2018
Phil Jelsma, a partner and chair of the tax practice team at a San Diego-based commercial real estate law firm talks about the changes to carried interest, how this will impact commercial real estate investment and what investors should do now to comply.
Case Notes
October 01, 2018
Insurance Lapse Deemed Not Curable<br>Uncertain Method for Determining Future Rent Dooms Renewal Rights
New Development Projects: The Reports of Demise Were Greatly Exaggerated
September 01, 2018
Numerous shopping center developers use a “layer-cake” of financing, including state and federal tax incentives to reduce the costs of debt and equity financing. The industry correctly saw that the market value of the credits would drop once the Jobs Act become effective. Such tax cut could undoubtedly impact the ability of developers to raise equity, certainly for new projects not yet placed in service.
