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This article is a follow-up instalment to Part One in this series, “Sui Generis: Draft Like You Mean It,” from the March issue. As further follow-up regarding tracking of the lifecycle of a commercial lease, Part Two addresses various negotiation events, strategies, desired outcomes and potentially low key disasters. The previous article talked about language nuances, Part Two deals with what happens when you talk about those things — how these items should be discussed and what positions are worth taking and which aren’t (the repetition of the word “talk” is deliberate, because it’s all about the talking to produce the results). Blacklines can only talk to each other for so long until actual humans need to verbally interface (well, at least until AI takes over).
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By Howard B. Epstein and Theodore A. Keyes
Many businesses have sought to recover their pandemic losses under commercial property insurance policies, only to be denied coverage. A significant number of policyholders have filed lawsuits challenging these disclaimers, primarily in state courts. But to the dismay of the insureds, a growing majority of high state courts have sided with the insurers in these disputes.
Navigating the Intersections of Commercial Real Estate and Eminent Domain Actions
By Ellen Smith and Elizabeth Story
For real estate attorneys, knowing how to navigate around eminent domain actions in the midst of various transactions and operations is critical to best position clients for the future condemnation conundrum.
A Prepackaged Bankruptcy Could Be the Answer to a Mortgage Default
By Timothy Little, Scott Vetri, Julie Lee and Peter Siddiqui
This article discusses the value of prepackaged bankruptcy as an alternative route for addressing commercial mortgage defaults in high tax jurisdictions.
NJ Supreme Court: Commercial Property Owners Have a Duty to Maintain Abutting Sidewalks
By Colleen Murphy
In a 4-3 decision on June 13, the New Jersey Supreme Court reversed an Appellate Division opinion in a slip-and-fall case, concluding that all commercial landowners have a duty to maintain public sidewalks and are liable to pedestrians who are injured as a result of their negligent failure to do so.