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

Development
November 30, 2015
Discussion of three major rulings.
Internal-Use Software
November 30, 2015
The tax credit for research and development (R&D) of internal-use software under Section 41 of the Internal Revenue Code has been renewed 16 times since its implementation in 1981. The Currently, it has not been extended beyond calendar year 2015.
Trans-Jurisdictional Transactions
November 30, 2015
When company transactions and legal issues cross borders ' so-called trans-jurisdictional transactions ' companies begin facing expansive and complex legal issues related to those transactions.
Components of Transactions for Acquiring Professional Sports Teams
November 30, 2015
Sports team acquisitions have garnered headlines over the past few years, with several recent team prices ranging in the billions of dollars. Not long ago, sports franchises were run like small businesses, with any net profit generated being an additional, but not always expected, benefit. Today, given rising acquisition costs and the lucrative revenue opportunities teams offer, they are run as sophisticated enterprises with the purpose of yielding profit for their well-heeled investors.
Second Circuit Rules That Lien Is Extinguished Under Chapter 11 Only if Secured Creditor Participates in Case
November 30, 2015
A hornbook principle of U.S. bankruptcy jurisprudence is that valid liens pass through bankruptcy unaffected. This longstanding tenet, however, is at odds with section 1141(c) of the Bankruptcy Code, which provides that, under certain circumstances, "the property dealt with by [a Chapter 11] plan is free and clear of all claims and interests of creditors," except as otherwise provided in the plan or the order confirming the plan.
In the Marketplace
November 02, 2015
Who's doing what; who's going where
Landlord & Tenant
November 02, 2015
In-depth analysis of several pivotal rulings.
Alternative Dispute Resolution Clauses for Leases and Real Estate Contracts
November 02, 2015
This article briefly explores a few instances where an ADR clause should be strongly considered. Although the article is primarily based upon Florida law, the legal principals discussed are likely common and applicable to most other jurisdictions in the U.S.
Seasonal Retail Leasing
November 02, 2015
Whether you are a landlord of a shopping center, a long-term retail tenant, or a temporary seasonal tenant, there are several leasing issues that arise during the holidays that are worth noting. Here is a list of some common areas of concern and questions for you to check at least once, if not twice.
Arbitration: Rethinking the Pitfalls
November 02, 2015
Much has been written about the use of alternative dispute resolution (ADR) to address equipment leasing disputes, some of it positive and much of it negative. For a variety of reasons, the equipment lessor legal community has historically been reluctant to embrace alternative methods of avoiding protracted litigation.

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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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