Columns & Departments
Case Notes
Two Lawsuits, No Collateral Estoppel<br>No Meeting of the Minds in Forged Lease
Features
'Shell Game' Gets Away From Commercial Lease Guarantor
In the real estate business, as in many others, the question of just who is contractually responsible when things go wrong is a recurring one, particularly when a closely-held corporation or other business entity is involved.
Features
Early Termination Provisions: A Landlord's Saving Grace … If Done Right
The focus of this article is the “early termination provision,” a lease provision that affords landlords the tactical advantage they need. Specifically, this article seeks to: 1) guide the practitioner through the pitfalls of a poorly drafted termination provision; and 2) advise the practitioner how to craft a proper and effective termination provision.
Columns & Departments
Case Notes
Subtenants Not Entitled to Notice Under Law<br>Illegal Tenant Activity Negates Insurer's Responsibility to the Landlord
Features
When Can a Landlord's Consent to Assignment be Reasonably Withheld?
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.
Features
Store Closing Lease Rejection in 'Shiekh Shoes'
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.
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.
Columns & Departments
Case Notes
Insurance Lapse Deemed Not Curable<br>Uncertain Method for Determining Future Rent Dooms Renewal Rights
Features
New Development Projects: The Reports of Demise Were Greatly Exaggerated
Numerous shopping center developers use a “layer-cake” of financing, including state and federal tax incentives to reduce the costs of debt and equity financing. The industry correctly saw that the market value of the credits would drop once the Jobs Act become effective. Such tax cut could undoubtedly impact the ability of developers to raise equity, certainly for new projects not yet placed in service.
Features
'Secured Lender's Corner:' Protecting the Secured Lender Before a Mortgagor or Lessee Files Bankruptcy
It is important for a secured lender to protect itself when entering a transaction with a borrower or lessee to avoid a total loss if the borrower or lessee files a bankruptcy petition or if the leased equipment is damaged, missing or both.
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