After nearly four years of litigation, the Second Circuit held recently that a small commercial landlord lacked standing to seek declaratory relief against the City of New York challenging the Guaranty Law under the Contracts Clause of the U.S. Constitution.
While the commercial real estate market faced significant headwinds in 2024, recent data suggests that the tide may be turning. The combination of lower interest rates, a decline in foreclosures, and improving market conditions offers a glimmer of hope for property owners and investors alike.
In ultimately rejecting the plaintiff's claim that the apartment buyers could be responsible for the condominium developer's breach of a contract recorded as part of the condominium's declaration, the court illustrated some important points about how contracts can run with the land, or otherwise impose liability on real estate buyers.
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
The Southern District of New York affirmed a bankruptcy court's holding that the statutory cap on a landlord's damage claim "applies to [its] claim against a [Chapter 11] debtor-guarantor."
Part Three of a Series This article offers up some thoughts about how lawyers ought to access and manage resources in order to provide a multi-faceted, full-service approach to addressing their clients' needs.
As further follow-up regarding tracking of the lifecycle of a commercial lease, Part Two of this series addresses various negotiation events, strategies, desired outcomes and potentially low key disasters.
The automatic acceptance of various boilerplate clauses in commercial leases in the face of jurisprudential modernity and evolving legal approaches is dangerous. The evolutionary exploits of a commercial lease aren't done yet, nor should they be.
In addition to boosting efficiency and productivity, GenAI's new technological capabilities hold the promise of empowering lawyers to offer more precise and insightful guidance to their clients.
While new to law firms, hoteling strategies are line with the practices of companies in other verticals where hoteling and 100% work flexibility have been successfully in place for some time.
