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Features

Strategies for Commercial Lease Agreements In Florida Image

Strategies for Commercial Lease Agreements In Florida

Raul Valero

This article explores several key clauses and negotiation strategies that are beneficial to the parties in general but in particular may help landlords protect their investments and optimize returns.

Features

LJN Quarterly Update: 2024 Q2 Image

LJN Quarterly Update: 2024 Q2

Steve Salkin

The LJN Quarterly Update highlights some of the articles from the nine LJN Newsletters titles over the quarter. Articles include in-depth analysis and insights from lawyers and other practice area experts.

Features

NY High Court Sides With Other State Courts: COVID-19 Business Interruption Not Enough to State Claim Under Commercial Property Insurance Image

NY High Court Sides With Other State Courts: COVID-19 Business Interruption Not Enough to State Claim Under Commercial Property Insurance

Howard B. Epstein & 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.

Features

A Prepackaged Bankruptcy Could Be the Answer to a Mortgage Default Image

A Prepackaged Bankruptcy Could Be the Answer to a Mortgage Default

Timothy Little, Scott Vetri, Julie Lee & Peter Siddiqui

This article discusses the value of prepackaged bankruptcy as an alternative route for addressing commercial mortgage defaults in high tax jurisdictions.

Features

NJ Supreme Court: Commercial Property Owners Have a Duty to Maintain Abutting Sidewalks Image

NJ Supreme Court: Commercial Property Owners Have a Duty to Maintain Abutting Sidewalks

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.

Features

Why Tenants Get Stuck in Bad Leases and How to Avoid It Image

Why Tenants Get Stuck in Bad Leases and How to Avoid It

Mark Foster

Tenants end up signing leases that offer little to no flexibility as their businesses expand and contract, setting the stage for economic and operational stress that could have been avoided with upfront planning and prudent lease negotiations.

Features

<i>Simon v. Starbucks</i>: Preliminary Injunction Granted to Prevent Store Closings Image

<i>Simon v. Starbucks</i>: Preliminary Injunction Granted to Prevent Store Closings

Marisa L. Byram

While the court will not have the opportunity to rule on the merits of the case, the facts relied upon by the Indiana Superior Court and the conclusions reached in rendering its decision are still instructive for practitioners drafting continuous-use provisions and advising clients on potential breaches or anticipatory breaches of such provisions.

Features

Regulating Interior Landmarks: New York Court Says Duties Don't End Image

Regulating Interior Landmarks: New York Court Says Duties Don't End

Stewart Sterk

What powers does the New York City Landmarks Preservation Commission have to require a building owner to maintain a mechanical clock located in the interior of a building? In <i>Save America's Clocks, Inc. v. City of New York</i>, New York's Appellate Division, First Department, held that the Commission had power to require maintenance of the clock, and to require public access to it.

Columns & Departments

Case Notes Image

Case Notes

ssalkin

Suit in Second Jurisdiction Is Duplicative<br>Mailing Rent Check While Doing Unauthorized Acts Is Not Mail Fraud

Features

Recreational Marijuana in New Jersey Image

Recreational Marijuana in New Jersey

Richard G. Lyons

<b><i>Real Estate and Other Issues Will Need Consideration</b></i><p>Given NJ Governor Phil Murphy's campaign pledge to legalize marijuana for recreational use in his first 100 days, the state is on the cusp of a major new revenue stream-recreational marijuana.

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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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