Features
Renewed Focus on Takeover Defenses
While attitudes a year ago might have suggested that 2008 would be a year of great stockholder activism with takeover defenses continuing to fade from the scene, the drying up of credit for M&A transactions and plunging stock prices and asset values actually caused public companies to re-examine their preparedness for hostile activity and, ironically, led to the re-emergence of a takeover defense that had fallen out of favor in recent years.
The Leasing Hotline
Recent rulings of interest to you and your practice.
Features
Tax Issues for Real Estate Leasing By Tax-Exempt Organizations
This article examines the issues that must be dealt with by tax-exempt organizations in leasing real estate to third-party lessees.
In the Spotlight: Bankruptcy Strategies for Commercial Landlords, Tenants, Lenders, and Real Estate Investors
This is the first part in a series dealing with the subject of bankruptcy strategies and considerations for commercial landlords, tenants, lenders and real estate investors. The subject matter of each part of this series of brief alerts is complex and what is intended is to highlight some of the key issues the reader should consider in connection with the subjects discussed.
When Silence Is Not Golden
This article examines anti-assignment clauses from the landlord's viewpoint; specifically, anti-assignment clauses similar to the following: "tenant shall not, without the prior written consent of landlord, which consent shall not be unreasonably withheld, assign this lease or any interest hereunder, or sublet the leased premises or any part thereof."
Features
When Bankruptcy And Equity Collide
In <i>Ades and Berg Group Investors v. Breeden</i> (<i>In re Ades and Berg Group Investors</i>), the court of appeals affirmed a decision below refusing to impose a constructive trust on proceeds from a settlement of reinsurance claims that were paid to a Chapter 11 debtor. According to the Second Circuit, "retention by the bankruptcy estate of assets that, absent bankruptcy, would go to a particular creditor is not inherently unjust."
Second Circuit Upholds Professional's Pre-Approved Fixed Fee Award
Financial advisers, investment bankers, lawyers and other professionals in reorganization cases will be happy with a decision of the U.S. Court of Appeals for the Second Circuit handed down on Jan. 6, 2009: <i>In re Smart World Technologies, LLC.</i>
Delaware Bankruptcy Court Denies Multi-Party Setoff
<i>In re SemCrude, L.P.</i> is a departure from the long-standing assumption that a multi-party netting agreement among affiliates would be upheld in bankruptcy if enforceable under applicable non-bankruptcy law. This article provides an analysis of the decision, the procedural status and its potential impact, and recommendations for minimizing the potential negative implications.
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