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

Development
November 02, 2017
Analysis and discussion of several important cases.
Cybersecurity in Commercial Equipment Leases
November 02, 2017
<b><i>Hidden Liability for the Unwary Lessor</i></b><p>Much has been written in the industry about equipment lessors' cybersecurity practices for the protection of their information. The issue addressed herein is the equipment lessor's obligations and potential liability for information stored on equipment returned to the lessor at the end of a lease.
The Lease Is Fully Executed
November 02, 2017
<b><i>You are Done, Right?</i></b><p>After a lease is fully executed, many attorneys may be tempted to think that their role in the leasing "process" is over. However, depending on the capabilities of your client to understand and administer the terms of the lease, not paying attention to "post-lease" signing details may be a perilous proposition.
Is Electricity a 'Good' Under Article 9?
November 02, 2017
Can a creditor obtain a security interest in electricity under UCC Article 9? It covers security interests in fixtures and personal property. Clearly, electricity is not real property or a fixture. But what kind of personal property is it?
The Modified Anchor Tenant in Enclosed Regional Malls
November 02, 2017
<b><i>A Tenant's Perspective</i></b><p>As traditional department stores and so-called "anchor" tenants in enclosed regional malls are closing stores and limiting their expansion in the marketplace, landlords are seeking alternatives to the traditional department store or anchor store to occupy space in their shopping centers.
Surviving the Retail Shift
November 02, 2017
<b><i>Balancing Creative Uses withCo-Tenancy ProvisionsPart Three of aFive-Part Series</i></b><p>The volume of store closings is challenging shopping center owners to evolve. Shopping center owners have responded by finding creative uses for vacant spaces and ways to enhance the customer experience.
In the Marketplace
November 02, 2017
Who's doing what; who's going where in the equipment leasing industry.
Discovery Strategies for a Creditor in a Bankruptcy Case
November 01, 2017
<b><i>Beyond Filing a Proof of Claim</b></i><p>This article explains the rights of a creditor, whether an equipment financier or otherwise, to pursue examinations of a debtor in bankruptcy in order to obtain sworn testimony and information that may be helpful to the creditor.
'I Thought I'd Seen It All with Rights of First Refusal, But I Was Mistaken'
October 02, 2017
This article shares an actual recent dispute in which a landlord claimed there was a mutual mistake in the material terms of a right of first refusal after the proper exercise of such right and acceptance of such material terms by its tenant.
Website Accessibility: The Law and Your Business Priorities
October 02, 2017
The first step to solving a problem is knowing it exists. But many businesses have never thought to ask whether their customer-facing websites are accessible to people with disabilities, and only become aware of the issue when they are sent a demand letter or served with a lawsuit alleging that their site violates the Americans with Disabilities Act (ADA).

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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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