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The Leasing Hotline
ALM Staff
&
Law Journal Newsletters
Recent rulings of interest to you and your practice.
Features
The Most Crucial Commercial Lease Cases
ALM Staff
&
Law Journal Newsletters
The first part of this article, which appeared in the December 2008 Issue, discussed cases that address the preference for stability over sense, mitigation and interpretation of leases. The cases in Part Two herein address enforcement and violations.
Features
In the Spotlight: Commercial Landlord Protections in Difficult Economic Times
Gary A. Goodman
&
Kerri M. Deruyter
Today, landlords are particularly worried about tenant bankruptcies. True, this has always been a concern for commercial landlords, but previously their focus may have centered on smaller, start-up businesses rather than the large anchor tenants that are currently seen knocking on the bankruptcy court's door.
Features
Don't Give Rent Relief Without Any Strings Attached
Glenn I. Becker
There are several different types of rent relief, ranging from an all inclusive "gross" rent, to a temporary reduction in base rent, or converting the economic terms of the lease from fixed rent payments to a "percent in lieu" deal, where the tenant's rental obligation is based on a percentage of gross sales generated at the premises. This article describes the options.
Can the Claims of Individual Creditors Be Assigned to a Litigation Trust for Prosecution?
Russell C. Silberglied
&
Cory D. Kandestin
Last month, we asked the question: Can a plan provide that the securities claims ' which are not estate causes of action because they belong to the bondholders individually, not to the company ' will be assigned to a trust so that the trust can efficiently litigate these claims and distribute the proceeds thereof to the bondholders? Herein, a continuation of our discussion.
Features
The Bankruptcy Hotline
ALM Staff
&
Law Journal Newsletters
Recent rulings of interest to you and your practice.
Score One for the Good Guys
Anthony Michael Sabino
On countless occasions, the Supreme Court has proclaimed the longstanding axiom that the bankruptcy process is for "honest debtors" only; wrongdoers should never be allowed refuge within the confines of the nation's insolvency law. Often overlooked is the fact that the automatic stay, 11 U.S.C. ' 362(a), a linchpin of modern bankruptcy practice, was likewise carefully constructed so as to not provide a safe harbor for malefactors.
Whose Claim Is It, Anyway?
Jack L. Smith
Understanding the courts' treatment of this division of claims (as inconsistent as it is) is essential to a successful litigation strategy, whether on behalf of individual creditors or a trustee.
Features
<b>BREAKING NEWS:</b> Eli Lilly to Pay $1.42 Billion to Settle Zyprexa Marketing Suits
Shannon P. Duffy
Eli Lilly & Co. will pay a combined $1.42 billion, including the largest criminal fine in history ' $515 million ' to settle charges that it illegally marketed the anti-psychotic drug Zyprexa for off-label use, federal prosecutors announced on Jan. 15.
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