<b><i>In the Spotlight:</i></b>Three Insurance Provisions That Should Not Be Overlooked
August 02, 2015
Attorneys may spend hours negotiating and drafting expense clauses, use provisions and offset rights, but often ignore the insurance provisions as mere "boilerplate." However, although claims on insurance sections are rarely implemented, the reality is that a poorly drafted insurance section can have severe detrimental effects and significant cost implications for a client.
Collateral Descriptions and Blanket Liens
August 02, 2015
Describing the collateral for an all-assets lien intuitively might seem easy. However, getting collateral descriptions correct under the rules of Article 9 of the Uniform Commercial Code (UCC) has challenged secured lenders for decades, and all-assets liens are no exception. A look at two recent cases.
Cooperatives & Condominiums
August 02, 2015
The purchaser of a cooperative apartment at a non-judicial foreclosure sale faces an uphill battle to regain possession of the property from an unwilling prior owner. Here's why. Also, a look at an action by a co-op unit owner against the co-op for trespass, conversion, and breach of the covenant of quiet enjoyment.
Real Property Law
August 02, 2015
Litigation involving a forgery claim; partition and sale; a foreclosure proceeding; restrictive covenants; and recovery of damages for breach of a title insurance policy.
When Reviewing a Lease, Consider Using Non-Legal Professionals
August 02, 2015
Many of the best attorneys understand the importance of utilizing a group of experts when they review a lease. This article focuses on two of the most frequently misunderstood areas of a lease: insurance and construction provisions.
'Customary Operations' or A Vacant Building?
August 02, 2015
Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'
Case Notes
August 02, 2015
Analysis of a case in which a California Court of Appeal affirmed the right of a shopping center owner to limit the First Amendment rights of citizens from being exercised near store entrances.
The Difference in Due Diligence for Franchisors
August 02, 2015
In any business purchase, investment, merger or acquisition, several threshold questions come to mind. What assets are being acquired? Where is the value in the target company? What liabilities are being acquired? How should these be valued for pricing and future growth? What will the acquirer do with the target company? How far can management take the new target?
Good News, Bad News: Credit and Collections
August 02, 2015
The robust economy's low default rate has many creditors rethinking their collections practices and capabilities. But what should be their strategy for when the good times end?
DE Dealer Statute Only Covers New Equipment
August 02, 2015
Suppliers only have to repurchase new, unused equipment from dealers under Delaware's Equipment Dealer Contracts Statute, the state Supreme Court has ruled in answering a question certified from the Third Circuit.
