Features

Can a Tenant Enforce a Right of Refusal In Third-Party Sale?
In Tri-Outdoor v. Keyser, the Pennsylvania Superior Court recently addressed whether a tenant could specifically enforce a right of first refusal provision contained in a lease agreement where the landlord sold the leased premises to a third-party purchaser.
Columns & Departments
Real Property Law
Buyer's Anticipatory Repudiation Results In Forfeiture of Down Payment Constructive Trust Claim Supports Notice of Pendency
Features

SCOTUS to Hear Cases on Limits of Mail and Wire Fraud Statutes
Federal courts long have struggled to define the limits of the mail and wire fraud statutes, laws famously characterized as the prosecutor's true love for their vast breadth and catch-all adaptability. After sidestepping opportunities in the past, the U.S. Supreme Court is now wading into two different and controversial manifestations of that flexibility.
Columns & Departments
Fresh Filings
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Columns & Departments
Landlord & Tenant Law
Double Rent Holdover Provision Enforceable; Late Fee Unenforceable As a Penalty Extrinisic Evidence Inadmissible to Vary Terms of Lease Agreement Court Upholds Holdover and Prejudgment Interest Provisions Unsigned Lease Agreement Not Binding
Features

Second Circuit Ruling Offers Ways to Mitigate FCPA Risk Through Corporate Structure
Despite the FCPA's breadth and its aggressive enforcement, it has largely escaped judicial scrutiny. Individuals and companies are reluctant to test the bounds of the law and risk federal prison or crippling penalties. But one man has refused to fall in line and has almost single-handedly shaped recent FCPA jurisprudence.
Features

Update On Preference and Fraudulent Transfer Litigation
The appellate courts have been busy explaining or clarifying preference and fraudulent transfer law. Although novices may think the Bankruptcy Code (Code) is clear on its face, imaginative counsel have found gaps in the statute and generated rafts of litigation since the Code's enactment in 1979. Recent appellate decisions, summarized below, show that courts are still making new law or refining prior case law.
Features

Rulings on COVID-19 Defenses In Commercial Real Estate
Despite some new variants and a possible resurgence in the fall, the pandemic closures seem to be finally coming to an end. And with it, so too have most of the COVID-19 defenses in court cases involving commercial leases. However, all may not be foreclosed for a commercial tenant, particularly where a tenant is able to point to a specific provision of its lease that could excuse its obligation to pay rent during the closure of its business.
Columns & Departments
Bit Parts
Brian Wilson's Ex-Wife Wins Remand Back to State Court of Her Claim to Share of Revenues from Sale of His Song Catalog
Columns & Departments
Eminent Domain Law
Claimants Failed to Establish That Property Would Have Been Rezoned Increased Award Proper Where Prior Regulation Might Have Constituted a Taking
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- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
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