Broker Lien Laws
June 02, 2015
Today, 34 jurisdictions have some form of statute that specifies whether, how, and for what a broker may file a lien for the non-payment of a commission in connection with the sale or lease of commercial real estate. A few states simply give brokers the right to file liens under mechanics' lien statutes, but more than 30 have enacted broker-specific lien laws.
Renewal Options and Lapse of Notice
June 02, 2015
A failure by the tenant to timely deliver valid notice does not always leave the tenant without options. This article examines <I>Greater Park City</I> and the arguments made by the tenant to the court.
ABI Bankruptcy Reform
June 02, 2015
Tension has focused on whether to allow a secured creditor to improve its position with new property acquired after the bankruptcy case. The result was the broad mandate of Section 552 of the Bankruptcy Code: A prepetition lender with a lien on an asset enjoys a post-petition lien on the proceeds of that asset.
Contract Management and the Bottom Line
June 02, 2015
With many companies wearing the hats of the supplier, partner and customer simultaneously, the dynamics of vendor contracts, customer agreements, licenses, trademarks, leases, warranties and other contracts become ever more convoluted.
Leasing Strategies in a World of Flux
June 02, 2015
As more and more commercial clients move their legal teams in-house, competition among law firms continues to grow. With the legal industry still feeling negative impacts from the financial crisis, a considerable number of law firms have been pooling expertise and gaining market share through mergers and acquisitions.
'Customary Operations' or a Vacant Building?
June 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."
'Operating Interests,' 'Working Interests,' 'Production Payments' and 'Overriding' Royalty Interests
June 02, 2015
The recent decline in oil prices and the historically low and stagnant natural gas prices are causing various parties in the oil and gas industries to seek bankruptcy protection. As a result, bankruptcy judges must apply specialized Bankruptcy Code provisions and varying other applicable non-bankruptcy laws to determine the rights of debtor and non-debtor parties to such agreements as those providing Overriding Royalty Interests (ORRI) and Net Operating Interests (NOI).
