Costly Tenant Leasing Mistakes Can Be Avoided
The first part of this article addressed the power of leverage and competition when entering the leasing market. The conclusion herein discusses construction costs and turnkey solutions.
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Gross Leasable Area and Excluded Area
In an environment where it has become increasingly difficult for landlords to lease space in their retail projects, landlords have employed a new strategy to compensate for the ever increasing vacant space within their retail projects.
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In the Spotlight: Islamic Finance and Its Impact on Leasing Transactions in the U.S.
When commercial real estate markets in this country recover, foreign funds will once again play a significant role. For that reason, it is important for every owner of commercial real estate in the United States today to know something about Islamic finance.
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Market Value for Property Tax Purposes in a Recessionary Market
A market value analysis for property tax purposes differs significantly from a market value analysis for other business purposes, such as financing or acquisitions. When deciding whether to file a property tax appeal and pursue the negotiation of a settlement and/or trial of your appeal, it is essential to understand this crucial difference in valuation methodology.
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Second Circuit: 502(d) Does Not Apply to Administrative Claims
In <i>ASM Capital, LP v. Ames Department Stores, Inc.</i> the Second Circuit Court of Appeals (the "Second Circuit") held that ' 502(d) of the Bankruptcy Code, which disallows claims until the claimant has returned all voidable preferential payments and other voidable transfers from the debtor's estate, does not apply to disallow administrative claims under 503(b).
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Substantial Contribution Claims
Where a creditor retains a professional to advance a particular position in a Chapter 11 case whose efforts result in the making of a substantial contribution to the case, such creditor can potentially get reimbursed for all of its out-of-pocket expenses, including for reasonable compensation for professional services rendered.
Defending the Preference and Fraudulent Transfer Safe Harbor
As shown in this article, some lower courts have inconsistently enforced the safe harbor provisions in the preference and fraudulent transfer context, generating costly litigation for the asserted cause of creditor recovery.
The Enigmatic Posse List
About eight years ago, Washington, DC, bankruptcy lawyer Greg Bufithis semi-retired and began participating in large document review projects. After a few, he realized that there was no centralized source for temporary attorneys to learn about these opportunities. Ever the entrepreneur, he created one.
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Challenges and Solutions for Electronic Billing
Coming into 2010, it has become clear that, for law firms, not only is electronic billing here to stay, but adoption by corporate clients will continue to accelerate.
Open Source Routers
While open source operating systems may not be prevalent in the consumer computer market, the concept has successfully spread to other nooks and crannies of technology. Open source software powers servers all over the Internet, including routers.
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- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.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 ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, 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.Read More ›
