Real Estate Sale-Leaseback: Making a Comeback
November 30, 2014
With the "Great Recession" coupled with the uncertainty of the announced convergence of U.S. and international accounting standards, some industry analysts predicted that real estate sale-leasebacks would be eliminated from the array of possible corporate fundraising strategies. That possible demise appears to be greatly exaggerated.
Anti-Assignment Clause?
November 30, 2014
The commencement of a Chapter 11 bankruptcy case by a tenant will typically give rise to myriad issues and challenges for a commercial landlord, based upon various Bankruptcy Code provisions that may, and often will, change the parties' otherwise applicable rights and obligations pursuant to the terms of the lease and applicable non-bankruptcy law.
New Fee Models for the New Economy
November 30, 2014
To remain competitive in the new economy, both inside and outside leasing counsel are exploring and utilizing various alternative fee arrangements (AFAs). This article explores the use of AFAs by leasing counsel, and offers some insight into how they may be more effectively utilized.
In the Spotlight: Rights of First Offer
November 30, 2014
As the competition to clear vacancies escalates in many office leasing markets, more prospective tenants are able to extract concessions that were once only the province of larger users. This article discusses one of those concessions ' the "right of first offer" or "ROFO."
Good Faith: The European View
November 30, 2014
In May of this year, we published an article titled "Franchise Agreements and the Duty of Good Faith In European Civil Law," the first part of this two-part study. The discussion concludes herein.
Equity Joint Ventures
November 30, 2014
When a client seeks representation on an equity joint venture, there are eight primary structural considerations that provide the framework for documenting the venture: 1) initial capital contributions; 2) future capital needs; 3) cash distribution waterfall; 4) governance; 5) transfers; 6) exit rights; 7) restrictive covenants; and 8) affiliate transactions.
Obama Weighs In To Favor Net Neutrality
November 30, 2014
President Obama, saying he is fulfilling a promise he made during his 2008 presidential campaign, stepped onto the "net neutrality" battlefield on Nov. 10 by releasing a statement (complete with video) calling on theFCC to adopt rules that prevent Internet service providers from charging more for faster online access and that "protect net neutrality."
Landlord & Tenant
November 02, 2014
A ruling in which modifications to the lease did not release the guarantor.
Key Considerations When Purchasing A Franchise
November 02, 2014
Buying a franchise can be a great path to business ownership for your clients. Unlike starting a business from scratch, they will be able to leverage the benefits of an established brand and a proven operating plan. But how to decide which franchise to buy?
