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Tenants Beware! Image

Tenants Beware!

Mark Morfopoulos

This two-part article focuses on how the SNDA can have other impacts that are at least as important as a tenant's concern not to be disturbed in its possession of the premises. The conclusion herein discusses lender issues.

Switching to Fixed Operating Costs Image

Switching to Fixed Operating Costs

Glenn A. Browne

By carefully analyzing those items that are included in Fixed Costs, those items that are excluded from Fixed Costs, and the manner by which Fixed Costs will be escalated each year, a tenant can effectively convert from the payment of a proportionate share of additional rent expenses to the payment of a Fixed Cost expense. Here's how.

In the Spotlight: Evidence in Broker's Actions for Commissions Image

In the Spotlight: Evidence in Broker's Actions for Commissions

Clarence S. Barasch

In the litigation of an action brought to recover real-estate brokerage commissions, evidence that is ordinarily excluded is nevertheless admitted because of the necessities attendant in such actions for the claimant to establish the elements of a cause of action. the author discusses why.

The Latest Litigation Rage Image

The Latest Litigation Rage

Steve Miller

How to avoid public access lawsuits under Title III of the ADA, including a complete rundown of things to watch out for, and stopping trouble before it starts.

Features

Can the Claims of Individual Creditors Be Assigned to a Litigation Trust? Image

Can the Claims of Individual Creditors Be Assigned to a Litigation Trust?

Russell C. Silberglied & Cory D. Kandestin

This article explores the history, the more recent case law and the open issues, which could be important in structuring a plan in future cases, of securities claims that belong to the bondholders individually, not to the company.

Resolutions Every Business Bankruptcy Creditor's Lawyer Should Make Image

Resolutions Every Business Bankruptcy Creditor's Lawyer Should Make

Richard M. Beheler

Different aspects of bankruptcy law that may help clients face these troubled times.

Features

Happy (?) New Year: 2009, Retailers and Bankruptcy Image

Happy (?) New Year: 2009, Retailers and Bankruptcy

Andrew M. Troop & Christopher R. Mirick

This article discusses some of the challenges that face retailers who may file Chapter 11 in the coming year, and offers some suggestions for increasing the odds of successfully reorganizing.

Movers & Shakers Image

Movers & Shakers

ALM Staff & Law Journal Newsletters

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

Features

Verdicts Image

Verdicts

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

The Impact of Technological Developments On the Workplace Image

The Impact of Technological Developments On the Workplace

Roy A. Ginsburg

This two-part article examines several different contexts where changing technology is affecting the workplace and presenting new, and sometimes unique, challenges to Human Resources professionals.

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MOST POPULAR STORIES

  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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