Columns & Departments
Case Notes
Discussion of a case in which a trial court sided with the property owner/defendant where the tenant sought to terminate the lease early, but could not because it was not in compliance with one of the requirements for early termination.
Features

After a Hurricane: Can the Property Manager Be Blamed for a Lessee's Losses?
The recent decision in <i>Sears Roebuck & Co. and Kmart Corp. v. W/S Lebanon LLC</i> seems timely in light of the fact that commercial landlords, tenants and their insurance providers are grappling with the problems caused by the extreme wind and rain of hurricanes. Here's what happened in that case.
Features

The Lease Is Fully Executed
<b><i>You are Done, Right?</i></b><p>After a lease is fully executed, many attorneys may be tempted to think that their role in the leasing "process" is over. However, depending on the capabilities of your client to understand and administer the terms of the lease, not paying attention to "post-lease" signing details may be a perilous proposition.
Features

The Modified Anchor Tenant in Enclosed Regional Malls
<b><i>A Tenant's Perspective</i></b><p>As traditional department stores and so-called "anchor" tenants in enclosed regional malls are closing stores and limiting their expansion in the marketplace, landlords are seeking alternatives to the traditional department store or anchor store to occupy space in their shopping centers.
Columns & Departments
Landlord & Tenant
A look at a case involving retention of tenant's check in a lockbox.
Features

Surviving the Retail Shift
<b><i>Balancing Creative Uses withCo-Tenancy ProvisionsPart Three of aFive-Part Series</i></b><p>The volume of store closings is challenging shopping center owners to evolve. Shopping center owners have responded by finding creative uses for vacant spaces and ways to enhance the customer experience.
Features

Airbnb and Rent Stabilization: A Survey
Over the past several years, rent-stabilized tenants have turned to Airbnb and similar services to monetize their below-market leases and earn extra income. Landlords seeking to evict such tenants for profiteering have been largely successful. This article examines the state of "Airbnb" jurisprudence to date.
Features

'I Thought I'd Seen It All with Rights of First Refusal, But I Was Mistaken'
This article shares an actual recent dispute in which a landlord claimed there was a mutual mistake in the material terms of a right of first refusal after the proper exercise of such right and acceptance of such material terms by its tenant.
Columns & Departments
Landlord & Tenant
A look at two interesting cases.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
- Coverage Issues Stemming from Dry Cleaner Contamination SuitsIn recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.Read More ›
- The Bankruptcy Code's Anti-Discrimination Section and COVID-19The pandemic has spurred analysis of legal issues as businesses grapple with their respective relationships with both private and public entities. In this article, the authors examine Section 525 of the Bankruptcy Code — the anti-discrimination section, and its implications during COVID-19.Read More ›
- New York's Guaranty Law Continues to Divide OpinionThis article discusses the recent developments surrounding the constitutionality of New York's Guaranty Law. In particular, we address the Southern District's view that the statute is unconstitutional and the splintered view of the statute's constitutionality expressed by New York State courts.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›