LJN Newsletters

Now is the time for all parties to think about creative ways to maximize revenues and to review their relevant documents to identify their rights and obligations before the cheer of the holiday time is upon us.

A recent Massachusetts appellate court opinion highlights the dangers of failing to include rent acceleration and liquidated damages provisions in commercial leases and relying solely upon an indemnification provision to collect post-termination damages.

The American Institute of Architects (AIA) recently released a set of new contract documents to define roles and responsibilities and to provide procedures and processes for owner, architects and contractors to identify sustainability goals and to map out a plan to achieve those goals.

Among the various reasons for complying with your loan documents, the most compelling is the fact that the typical non-recourse carve-out for unpermitted "transfers" may include leases that are not approved in accordance with your loan documents.

Who's doing what; who's going where.

The Eighth Circuit recently held that equitable considerations could not prevent a creditor's recouping amounts owed to it by a Chapter 7 debtor. Ending a three-year battle in three courts, its ruling resulted in a win for a disability insurer over a disabled individual. In reality, however, nobody won.

The Delaware Bankruptcy Court, in In re Tribune Company, et al., recently granted a motion for a stay pending appeal of its order confirming Tribune's fourth amended joint plan of reorganization, but conditioned the imposition of the stay upon the posting of a $1.5 billion supersedeas bond.

Recently, two New York federal district courts reached conflicting decisions in the Coudert Brothers LLP and Thelen LLP bankruptcy cases with respect to "unfinished business.