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Features

The Use of 'Use' Clauses in Restaurant Leases Image

The Use of 'Use' Clauses in Restaurant Leases

William V. McRae, III

This article covers one important issue that can be problematic for both landlord and restaurant tenant if not thoughtfully addressed within the lease: the "use" clause.

How the New FDD Has Affected the Franchise Sales Process Image

How the New FDD Has Affected the Franchise Sales Process

David E. Hood

Based on what the author has heard since franchisors have updated their FDDs, there are mixed feelings as to whether changes to the Franchise Rule have improved or complicated the sales process from the perspective of franchisors.

Developments in Distressed Lending Image

Developments in Distressed Lending

Fredric Sosnick, Jill Frizzley & Robert Britton

Recently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.

Unprecedented Challenges in Commercial Real Estate Restructuring Image

Unprecedented Challenges in Commercial Real Estate Restructuring

Paul Melville & Melissa Dimitri

The authors identify some practical "watch out for's" when attempting to restructure a CRE entity against the backdrop of today's unprecedented market conditions.

November issue in PDF format Image

November issue in PDF format

ALM Staff & Law Journal Newsletters

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Features

In the Marketplace Image

In the Marketplace

ALM Staff & Law Journal Newsletters

Highlights of the latest equipment leasing news from around the country.

ELFA Survey Image

ELFA Survey

ALM Staff & Law Journal Newsletters

Salaries in the equipment finance sector remained largely unchanged in 2009, while total compensation declined across functions within the industry, according to the Equipment Leasing and Finance Association's 2010 Equipment Finance Compensation Survey.

League Impact on the Sports Team Bankruptcy Process Image

League Impact on the Sports Team Bankruptcy Process

Thomas J. Salerno & Jordan A. Kroop

In Part One of this article, the authors explored two recent Chapter 11 bankruptcy cases for the Chicago Cubs and the Texas Rangers. The conclusion herein discusses the Chapter 11 experience of the NHL's Phoenix Coyotes.

New Brunswick's New Cost of Credit Disclosure Act Image

New Brunswick's New Cost of Credit Disclosure Act

Suhuyini Abudulai & Jennifer Reed

The Canadian Province of New Brunswick recently brought into force a new Cost of Credit Disclosure Act and New Brunswick Regulation 2010-104 under the Cost of Credit Disclosure Act. The provisions of the Act and the Regulation change significantly the disclosure requirements applicable in New Brunswick.

Features

Civil Liability of Rating Agencies Image

Civil Liability of Rating Agencies

Jonathan S. Sack & Kefira R. Wilderman

The Dodd-Frank Act greatly increases rating agencies' potential liability under the securities laws. One impact is almost certain: In the future, rating agencies are unlikely to fare as well in the courts as they have in the past.

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MOST POPULAR STORIES

  • Coverage Issues Stemming from Dry Cleaner Contamination Suits
    In 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.
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  • The Flight to Quality and Workplace Experience
    That the pace of change is "accelerating" is surely an understatement. What seemed almost a near certainty a year ago — that law firms would fully and permanently embrace work-from-home — is experiencing a seeming reversal. While many firms have, in fact, embraced hybrid operations, the meaning of hybrid has evolved from "office optional," to an average required 2 days a week, to now many firms coming out with four-day work week mandates — this time, with teeth.
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    This year at Legalweek, there was little doubt on what the annual takeaway topic would be. As much as I tried to avoid it for fear of beating the proverbial dead horse, it was impossible not to talk about generative AI, ChatGPT, and all that goes with it. Some fascinating discussions were had and many aspects of AI were uncovered.
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  • The Powerful Impact of The Non-Foreclosure Notice of Pendency
    RPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.
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