Features
Commercial Real Estate Market Lags Behind Residential Rebound
National Association of Realtors Survey Shows Most Commercial Tenants Struggling to Pay Rent While the residential real estate market is experiencing what appears to be a swift rebound from the coronavirus-induced slump, the commercial landscape still looks relatively bleak.
Features
Twitter Chat Recap
Several members of Commercial Leasing Law & Strategy's Board of Editors and contributors to Law.com and our ALM sibling GlobeSt.com took part in a Twitter chat on "Do We Need Offices Anymore?"
Features
Court of Appeals Upholds Pipeline Condemnation
This article focuses on a recent decision upholding a pipeline developer's exercise of eminent domain under New York law in National Fuel Gas Supply Corp. v. Schueckler.
Columns & Departments
Eminent Domain Law
Condemnee Entitled to Consequential Damages To Contiguous Parcel Valuation for Prospective Use Rejected
Features
Legal Office of the Future — Reimagined
Many in the legal economy may be asking themselves whether they need office space at all now that everyone has been forcibly migrated to cyberspace. But having experienced work from home for several months, there is a newfound appreciation for the office workplace. But what will the office look like when we return to it?
Features
Cash Flows for Commercial Leases During COVID-19
To say the least, for those companies that filed for bankruptcy on the eve of the COVID-19 shutdowns, the strategies — and available cash flows to pay landlords — did not go as planned.
Features
Mezzanine Lenders and Foreclosure Sales During COVID-19
This article reviews a recent case, D2 Mark LLC v. OREI VI Investments LLC, to understand how the court's decision may provide mezzanine lenders with guidance in structuring a UCC foreclosure sale auction in the COVID-19 landscape so as to strengthen their position against any claims by the mezzanine borrower that the sale is not commercially reasonable.
Features
Will Pandemic Lead to More SARE Filings?
Single-asset real estate bankruptcies (SAREs) are streamlined reorganizations for debt taken out by borrowers on just one property, giving them a three-month window to propose a restructuring plan.
Features
New York Court Allows J.Crew to Shutter Under Terms of Mall Lease Despite Continuous Operations Provision
Malls across America, long suffering even before the rise of COVID-19, are now forced to confront a wave of store closures. Troubled retailers will, without doubt, seek to close their failing mall locations. To stem these efforts, landlords have applied to courts for injunctive relief to force stores to remain open and operating, despite lagging sales, through the enforcement of the "continuous operations provision" found in mall leases.
Columns & Departments
Real Property Law
Insufficient Hostility to Establish Title By Adverse Possession or Prescriptive Easement Adverse Possession Claim Against Governmental Land Upheld When Land Not Held for Governmental Purposes No Preliminary Injunction in Action to Declare Sale Contract Void
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