Industry Growth Forecast
May 01, 2016
The Equipment Leasing & Finance Foundation (ELFA) has released its Q2 update to the 2016 Equipment Leasing & Finance U.S. Economic Outlook, which lowered its yearly equipment and software investment forecast to 2.7%, down from 4.4% growth forecast in its 2016 Annual Outlook released in December 2015.
Applying the Doctrine of Incorporation by Estoppel in New York
May 01, 2016
The incorporation by estoppel doctrine is today well established in the Commercial Division. Accordingly, defendants who contract or otherwise deal with an entity as a corporation run the risk of being estopped from denying the entity's corporate existence in any action arising out of such contract or dealing.
Case Notes
May 01, 2016
Examination of a case in which a landlord was not obligated to repair a roof.
Trans-Jurisdictional Transactions
May 01, 2016
This three-part series has analyzed the complex issues that arise throughout the dispute resolution process of cross-border transactions. In this final installment, we look to the beginning and discuss how proper planning and effective drafting of the dispute resolution provisions can infuse predictability and reliability into cross-border business deals.
This Very Curious Real Estate Cycle
May 01, 2016
Every commercial real estate cycle is basically the same ' including that point, somewhere in the mid to end of the cycle, at which people become convinced that this one will be different for some specific reason. And here we are at that point again.
The Covenant of Quiet Enjoyment
May 01, 2016
Although in many states the covenant of quiet enjoyment is implied in a commercial real estate lease, a landlord can limit its responsibilities and reduce its exposure by narrowing the scope of the covenant in the lease agreement.
Insurance for Projects
April 01, 2016
By using various insurance products now available in the market, many project finance developers have been able to change previously sub'investment-grade risks into more highly rated transactions, thus opening them up to classes of lenders that otherwise would not be able to provide the debt for such transactions.
Building Class Standards in Commercial Leasing
April 01, 2016
This article explores the standards by which office buildings are compared to one another and the significance of those standards and comparisons in commercial lease transactions.
Class-Action Arbitrations in Oil and Gas Leases
April 01, 2016
On Jan. 5, the Third Circuit issued a decision answering the question of whether language in an arbitration clause referencing "the rules of the American Arbitration Association" was sufficient to rebut the presumption that the court, not the arbitrator, decided whether a class action arbitration was agreed to by the parties.
