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We found 2,414 results for "Commercial Leasing Law & Strategy"...

'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.
Real Property Law
June 01, 2016
Analysis and commentary on several key rulings.
'Best Efforts,' 'Commercially Reasonable' and Other Terms No One Understands
June 01, 2016
In this article, the authors explore why vague contractual terms are routinely used, explain how they have been inconsistently interpreted by the courts, and offer some practical tips to minimize the havoc ambiguous terms can wreak.
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.
Supreme Court Deadlock over Spousal Guaranties Will Continue to Affect Costs of Equipment Financing
June 01, 2016
This article is a follow-up to the author's September, 2015, review of best practices for obtaining spousal guaranties in equipment financing transactions in light of the Supreme Court's decision in <i>Hawkins v. Community Bank of Raymore.</i>
Survey: Distrust of Vendors Raises Questions on Data Security, Regulatory Compliance
June 01, 2016
Obviously, data breaches aren't trust builders, but many companies are skeptical even of those parties with whom they share confidential data, including their own vendors.
'Implementation Day' Marks Rollback of Significant Nuclear-Related Sanctions on Iran
June 01, 2016
As a result of Iran verifiably meeting its nuclear commitments under the Joint Comprehensive Plan of Action (JCPOA), the United States lifted certain sanctions primarily applicable to non-U.S. persons, including foreign entities owned or controlled by U.S. persons.
Case Notes
June 01, 2016
What happens to a tenant's right to retrieve or be compensated for trade fixtures when a landlord's property is taken by a government entity through eminent domain? A look at a recent case.
Bilingual Trials
June 01, 2016
With the growth in international commerce and diversity of the United States population, leasing counsel are increasingly finding themselves dealing with bilingual trials. Here is what you need to know.
Industry Growth Forecast
May 01, 2016
The Equipment Leasing &amp; Finance Foundation (ELFA) has released its Q2 update to the 2016 Equipment Leasing &amp; 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.

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  • Navigating the Attorney-Client Privilege and Work Product Doctrine in Bankruptcy
    When a company declares bankruptcy, avoidance actions under Chapter 5 of the Bankruptcy Code can assist in securing extra cash for the debtor's dwindling estate. When a debtor-in-possession does not pursue these claims, creditors' committees often seek the bankruptcy court's authorization to pursue them on behalf of the estate. Once granted such authorization through a “standing order,” a creditors' committee is said to “stand in the debtor's shoes” because it has permission to litigate certain claims belonging to the debtor that arose before bankruptcy. However, for parties whose cases advance to discovery, such a standing order may cause issues by leaving undecided the allocation of attorney-client privilege and work product protection between the debtor and committee.
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  • Revised Proposal: Understanding the Interagency Statement on Complex Structured Finance Activities
    Many U.S. financial institutions that have participated in equipment leasing transactions (particularly in the large-ticket and municipal markets) in the last 20 years will be keenly aware that as the structures grew ever more complicated, Congress and the federal regulatory agencies grew intensely interested. Whether the institution had a major role in the transaction or simply provided a service, some degree of scrutiny could be expected, often in conjunction with a tax audit of its client. The risks to financial institutions from participating in complex structured finance transactions of all types became a source for concern for banking and securities regulators. The principal federal regulators responded in 2004 with a proposal that financial institutions investigate, and bear responsibility for evaluating, the legal, tax, and accounting basis of their clients' complex structured finance transactions. The goal: to limit the institutions' own credit, legal, and reputational risk from such participation.
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