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Articles from Related Newsletters
Market Value for Property Tax Purposes in a Recessionary MarketCommercial Leasing Law & StrategyA market value analysis for property tax purposes differs significantly from a market value analysis for other business purposes, such as financing or acquisitions. When deciding whether to file a property tax appeal and pursue the negotiation of a settlement and/or trial of your appeal, it is essential to understand this crucial difference in valuation methodology.
The Alvord Decision: Why Periodic Review of Insurance Policies Is a Must for FranchisorsLJN's Franchising Business & Law AlertFranchisors, like other businesses, should periodically review their insurance policies to make certain that they understand the scope of their existing coverage and to identify (and remedy) any significant gaps in that coverage.
What Rights Does an Abandoning Tenant Have?New York Real Estate Law ReporterBoth commercial and residential tenants sometimes face the personal or economic need to leave leased premises before the expiration of the lease term. In times of economic recession, the problem is more serious — both for landlords and for tenants — than in boom times. What rights does a tenant have in this situation?
Defending the Preference and Fraudulent Transfer Safe HarborThe Bankruptcy StrategistAs shown in this article, some lower courts have inconsistently enforced the safe harbor provisions in the preference and fraudulent transfer context, generating costly litigation for the asserted cause of creditor recovery.
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Headlines
Taxpayer Suffers SILO (Pre-tax) Loss in Wells FargoIn Wells Fargo & Company v. United States, a court considered for the first time SILOs involving domestic municipal transit agency lessees. While one would have thought that the domestic and federally approved nature of the transactions would have some influence on the decision, they did not.
Rule B: Good Riddance to Maritime Pre-judgment Attachments of EFTsWhile those who made a living prosecuting (and defending) Rule B attachments have to be disappointed by The Shipping Corporation of India, Ltd., v. Jaldhi Oversees Pte. Ltd., the commercial bar generally and participants in international trade, including generally equipment lessors (e.g., marine cargo container lessors), are grateful for the decision.
Braving Tempestuous Times: Hell-or-High-Water Obligations Maintain Their Viability Despite Leasing Scams and a Troubled EconomyPart One of this Article discussed the impact of some of the recent NorVergence cases on the viability of hell-or-high-water obligations for third-party financing of lease obligations. This second installment discusses the effect of several other cases on the financing of hell-or-high-water lease obligations and accounts receivable obligations in a decade marked by credit crisis and financial fraud, and provides some practical strategies to assure wary funding sources that hell-or-high-water obligations will remain a viable route for navigating treacherous economic seas.
March issue in PDF format
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