A Different Kind of Fee-Shifting Contract Clause
January 31, 2015
Contracts often include a fee-shifting provision based on who ultimately prevails in a lawsuit. The idea, of course, is both to deter marginal litigation and, in all circumstances, to provide the prevailing party with compensation for the substantial fees and expenses that often attend litigation.
Commercial Lease Diligence
December 31, 2014
This article reviews the recommended due diligence efforts of the purchaser's counsel with respect to leased commercial property, and elaborates on the pre- and post-closing rationales for completing such diligence review.
The Enforceability of No-Waiver Provisions in Commercial Leases
December 31, 2014
When faced with the argument that it has violated its lease, a commercial tenant often takes the position that the landlord, by its conduct and/or inaction, has waived such alleged breach. Anticipating such arguments, commercial landlords frequently insert "no waiver" provisions into their leases.
Strategies for Assessing Tenant Credit
December 31, 2014
When considering a lease, tenants are usually focused on the location, size and quality of the leased space, and perform some minimal diligence on the landlord and property manager to ensure fair treatment over the course of the term. Landlords have a more difficult task, however.
When Does 'Voluntary Payment' Preclude Recovery of Overcharges?
December 31, 2014
When a tenant erroneously pays more rent than a lease requires, can the tenant recover the amount of the excess payments? Answering that question requires exploration of the perplexing voluntary payment doctrine, which continues to rear its head in New York cases.
UCC-3 Termination Statements
December 31, 2014
In a recent case, two large law firms and a major corporation failed to scrutinize a UCC-3 termination statement and may have inadvertently allowed $1.5 billion in indebtedness to become unsecured.
More of the New Normal?
December 31, 2014
As a result of the decrease in spending during the Recession, there is considerable cash sitting on the sidelines. Yet every year, there has been uncertainty hovering over the markets, preventing prudent companies from opening the cash spigot. So how does it look for 2015?
