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Highlights of the latest commercial leasing cases from around the country.
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A commercial real estate attorney representing a client that needs title insurance in a commercial real estate transaction must consider which endorsements would be best to provide the client with all the necessary title insurance protection. This two-part article addresses which American Land Title Association ('ALTA') endorsements are typical when representing a buyer, tenant, or lender in an acquisition or lease of commercial property. In addition, the article discusses a few non-ALTA endorsements that are available in many states.
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Part One of this three-part article discussed credit support transactions in general. This installment concentrates on income support.
Features
For years, the commercial real estate market has been sizzling.Cap rates are down. Prices are up.Nevertheless, you managed to beat out the competition and buy a few shopping centers. To justify the price you paid, however, you need to increase the net operating income ('NOI') from your property. Now, however, the economy may be facing the headwind of a slowdown, if not an outright recession, which creates resistance to rent increases; so you may not be able to rely on ordinary rent increases to bolster your NOI.
Force majeure clauses are used in leases to extend the date upon which a party's performance of an obligation is due. Often such obligations pertain to the delivery of the building and/or leased premises. This article explains and discusses sample force majeure clauses and suggests ways to protect the party not claiming a delay caused by an event of force majeure.
Determining the value of a hedge fund investment is completely different from and far more complex than the relatively straightforward way of determining the value of shares of a publicly traded stock. During the past 10 years, the explosive growth of the hedge fund industry has made the analysis of hedge fund investments and hedge fund businesses an increasingly common part of the financial due diligence necessary in matrimonial cases.
In Part One of this series, we defined the newly evolving role of the parenting coordinator (PC) and discussed various statutory authorities for the PC role. In Part Two, we dealt with additional PC topics. Part Three herein concludes the series by providing a comprehensive PC order of appointment, which can be modified to fit just about any desired PC situation.
While marital spying could land a spouse in hot water, it can also put attorneys in some sticky situations. Divorce lawyers say they are treading very carefully as to how they handle feuding spouses who spy on each other. Clients will often tell their lawyers they have proof that their spouses are cheating, but they will not disclose how they got it. Other times, they might wiretap or open private e-mails without knowing this was illegal, and then tell their lawyer about it. Lawyers have to be extremely careful not to condone or listen to information gained through these methods. They must also be cautious when discussing spying tactics with clients, because they could be held liable if they review, or even know about, private information obtained illegally.
While courts often use parents' psychiatric conditions as a basis for custody decisions, solid research on the actual impact of parental mental illness on children is limited (For an overview of this issue see Jenuwine & Cohler, 1999). Common sense and clinical wisdom converge in suggesting that parental mental health is an important factor in parenting. However, systematic empirical studies of children of even severely mentally ill parents often show that common sense and clinical wisdom can be mistaken. Children are much less affected by their parent's illness than one would think.
