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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- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (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.Read More ›
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- 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 ›
- The DOJ Goes Phishing: The Rise of False Claims Act Cybersecurity LitigationWhile the DOJ Civil Cyber-Fraud Initiative is still in its early stages and cybersecurity regulations are evolving, whistleblower plaintiffs have already begun leveraging the FCA to pursue alleged noncompliance with government cybersecurity requirements.Read More ›