• Features

    When Can a Landlord’s Consent to Assignment be Reasonably Withheld?

    Marisa L. Byram and Wheeler Frost

    Assignment provisions in a commercial lease often boil down to the following seemingly simple, but more often than not complex, standard: that the lease may only be assigned or the premises subleased with the landlord’s consent, not to be unreasonably withheld. The following examples of case law illustrate how courts have construed this provision under various circumstances.

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  • Features

    Store Closing Lease Rejection in 'Shiekh Shoes'

    David Kupetz and Asa Hami

    Store closing or liquidation sales are a routine part of Chapter 11 cases involving retail debtors. These sales are consistently authorized by bankruptcy courts, despite lease provisions purporting to forbid them.

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  • Features

    Inside the New Tax Act’s Changes to Carried Interest

    Phil Jelsma, a partner and chair of the tax practice team at a San Diego-based commercial real estate law firm talks about the changes to carried interest, how this will impact commercial real estate investment and what investors should do now to comply.

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  • Columns & Departments

    Case Notes

    Insurance Lapse Deemed Not Curable
    Uncertain Method for Determining Future Rent Dooms Renewal Rights

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