Ninth Circuit Reignites Debate over the Interplay of Sections 363, 365
October 02, 2017
Bankruptcy Code sections 363 and 365 provide different rights for different parties, and they usually operate independently of one another. However, in situations where the two sections overlap, a number of courts have held they are in conflict, because a party invoking one of the provisions will seek to override the interest of a party invoking the other.
Surviving the Retail Shift
October 02, 2017
<b><I>Landlords' Duty to Mitigate Damages.</b></i><p><i><b>Part Two of a Five-Part Series</I></b><p>In Part One of this series, the authors addressed managing the legal process to help commercial landlords achieve the most efficient results when dealing with a defaulting retail tenant. But what happens once the shopping center owner or manager recovers possession of the lease premises?
Case Notes
October 02, 2017
The Court of Appeals of Nevada recently affirmed in part and reversed in part a lower court's holding, reinstating a tenant's claim for breach of the covenant of quiet enjoyment stemming from the behavior of the claimant's co-tenants. Here's why this case matters.
A Broadening Consensus to Narrow Asset Forfeiture
September 02, 2017
It's important to keep informed of the trends in the realm of asset forfeiture, especially now that the current federal administration has announced its intention seek more asset forfeitures going forward. Here's why.
The Food Safety Modernization Act
September 02, 2017
Comprising the largest rewrite of U.S. food safety regulations in more than 70 years, the Food Safety Modernization Act (FSMA), which was signed into law on Jan. 4, 2011, has broad implications for almost all constituents involved in the food and feed industry. But FSMA's effect on equipment lessors and other secured lenders requires some consideration and analysis.
In New York: Public Trust Doctrine Thwarts Retail Mall
September 02, 2017
In <I>Matter of Avella v. City of New York</I>, the New York Court of Appeals enjoined development of a retail, holding that the development proposal would constitute an impermissible alienation of parkland by the City of New York. Here are the implications of that ruling.
Key Points for Drafting Signage Clauses
September 02, 2017
<b><I>Protecting a Tenant's Right To Be Seen</I></b><p>When negotiating a lease on behalf of a commercial tenant, an attorney should be mindful of both the legal and business aspects of the transaction. While all tenants seek quiet enjoyment, it is important to recognize that perhaps equally central are vehicular visibility and foot traffic.
Landlord & Tenant
September 02, 2017
A look at a case involving a landlord's action to enforce a commercial lease provision regarding appraisal of real property.
Surviving the Retail Shift
September 02, 2017
<b><I>Part One: Manage Expectations and the Legal Process</I></b><p>So far this year, more than 3,200 retail stores have closed their doors. While this is certainly not the end of brick and mortar retail, owners and managers of shopping centers faced with dark stores and mounting receivables are asking "now what?" This article is the first in a five-part series.
