The Leasing Hotline
Highlights of the latest commercial leasing cases from around the country.
Features
Subleasing Pointers: The Perspective of a Prime Landlord, Sublandlord, and Subtenant
Part One of this series discussed subleasing from the perspective of the Prime Landlord. This second installment addresses the issue from the Sublandlord's perspective.
In the Spotlight: Dealing with Vacancies in the Context of Pass-Throughs
In the vast majority of commercial leases, provision is made for passing through to the tenants the responsibility for paying all or a portion of the operating costs of the building and the real estate taxes payable with respect to the property. However, what if the building is partially vacant? This article explores how leases deal with vacancies in the context of such 'pass-throughs.'
Rent Abatement Clauses: Tenants Should Speak Softly, But Draft a 'Club'
In commercial lease transactions, a tenant's desire and need to occupy a space and begin transacting business often takes precedence over a landlord's ability to complete all of the bargained-for physical alterations that it has promised. The issue of determining the diminished value of the premises prior to the completion of the landlord's work is customarily resolved through the negotiation of rent abatement provisions that quantify damages where delays in the landlord's construction would lead to a breach of contract.
Features
In the Marketplace
Highlights of the latest equipment leasing news from around the country.
Ways to Avoid Electronic Contract Killers in Second Life
The creators of Second Life — an online virtual community — faced some real-life problems in a Pennsylvania court recently. In <i>Bragg v. Linden Research, Inc.,</i> No. CIV.A06 4925 (E.D.P.A. May 30, 2007), Judge Eduardo C. Robreno, denying a motion to compel arbitration, offers attorneys and their clients some useful guidelines to consider when drafting standard electronic form contracts.
Features
Equipment Leasing and CERCLA Liability
In this month's installment, we focus on some of the special issues facing equipment leasing as a result of the Supreme Court's decision in <i>United States v. Atlantic Research Corporation</i>. We recommend some steps in order to address the increased litigation and liability risks facing owners and lessors of equipment, risks that few have addressed.
Features
Shari'ah Finance and the Equipment Leasing Industry
<i>Shari'ah</i> or Islamic-compliant financing is gaining a foothold in international finance transactions. This article provides an overview to equipment finance professionals as to certain opportunities that may exist within this market for both increasing customer base and obtaining sources of capital.
Case Briefs
Highlights of the latest insurance cases from around the country.
Features
e-Discovery Costs and General Liability Coverage: Who Pays When the Rules Are Violated?
The e-discovery amendments to the Federal Rules of Civil Procedure and the potential ramifications resulting from violations of these rules implicate an entire subset of potential policyholder liability for which coverage will be sought, including indemnification for monetary sanctions and high verdicts.
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MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
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- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.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 ›