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.
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.
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 Save America’s Clocks, Inc. v. City of New York, 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.
Suit in Second Jurisdiction Is Duplicative
Mailing Rent Check While Doing Unauthorized Acts Is Not Mail Fraud
Richard G. Lyons
Real Estate and Other Issues Will Need Consideration
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.
Corali Lopez-Castro and Mindy Y. Kubs
Understanding the factors leading up to these bankruptcies, as well as the strategies used by retailers to emerge from bankruptcy, can give retailers significant knowledge about trends in consumer spending and how retailers can improve their overall positions going forward.
Failure to Require SEIS Not Arbitrary
Board of Fire Commissioners Lacks Standing to Challenge SEQRA Determination
Challenge to Pilot Agreement Reinstated
Statute of Limitations Bars Challenge to Excessive Height
Billboard Regulation Upheld
Pamela J. Martinson
How Lenders to BREs Can Reduce the Risk of Debtor Bankruptcy Without Compromising Public Policies
Structured financing transactions, including those pertaining to commercial real estate, make extensive use of entities formed for the specific purpose of reducing the likelihood that assets will be involved in a potential bankruptcy proceeding. Known as “bankruptcy-remote entities,” or “BREs,” these entities are subject to structures and covenants in financing documents and their own formation documents, which are designed to reduce the likelihood that the BRE will file for bankruptcy protection.
Barry M. Klayman and Mark E. Felger
In a recent decision, Bankruptcy Judge Christopher S. Sontchi addressed the question of whether a Chapter 11 debtor, the tenant under a commercial lease, could exercise an option to renew the lease during the bankruptcy proceedings, even though the debtor was in default under the lease and the lease specified that it could not be renewed if defaults existed at the time the option was exercised.
Section 8 Status Protects Tenant from Eviction
Questions of Fact About Acceptance of Surrender