When Affirmative Defenses Fail, Guarantors May Prevail On the Question of Lease Enforceability
July 01, 2016
Third--party guaranties and commercial leases are distinct legal instruments. Although the two are often executed simultaneously, and it is not unusual for a single person to sign a lease in her corporate capacity and a guaranty for that same lease in her personal capacity, each document creates its own set of obligations as between a different set of contracting parties.
Lender Beware: Ignore Suspicious Activity at Your Own Peril
July 01, 2016
Recently, the Seventh Circuit held that a lender who should have discovered that its borrower lacked authority to pledge assets is not protected by a good-faith defense to a fraudulent transfer action. Without this defense, the lender lost its security. Should the priority of the lender's claim should be further reduced through equitable subordination?
Leasing in Latin America
July 01, 2016
Despite the cultural differences and political uncertainties that some investors face, Latin America is an attractive forum for foreign investment and is home to some of the largest economies in the world (Brazil and Mexico). Its proximity to the U.S. and its consumer demand make Latin America a profitable place for business.
Case Notes
July 01, 2016
Analysis of a recent ruling in which a New York appeals court reversed the dismissal of a suit brought by a tenant seeking recission of his commercial lease and a declaration that he was not bound by it.
The Unstoppable Rise of SLBs
June 01, 2016
A look at an alternative financing strategy that is seeing strong momentum in the commercial real estate industry, in which corporations selling their facilities enter into long-term net leases with the investors as an alternative for managing and financing the buildings they occupy.
'Condominiumized' Buildings
June 01, 2016
When drafting a lease, the landlord is typically the owner of the entire building. When the building is owned by a condominium, however, this may not be the case. In such instances, a lease needs to be specifically tailored to take into account that the leased premises is not only a stand-alone unit owned by the landlord, but also part of a condominium property regime covering all of the units in the building.
New York's Additional Insured Form Endorsement
June 01, 2016
Now, more than ever, lawyers drafting or reviewing contracts providing for additional insured liability coverage must closely review the underlying insurance policies providing such coverage.
