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.
Like Kind Exchange for Equipment Lessors
July 02, 2015
If you dispose of an business asset and subsequently reinvest your sales proceeds to acquire a "like-kind" replacement asset of equal or greater value, then the recognition of taxable gain (along with the lessor's obligation to pay tax on that gain) is deferred until the replacement asset is sold or, in the case of subsequent follow on exchanges, until the replacement's replacement asset is sold in a taxable disposition.
