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Features

Index Image

Index

ALM Staff & Law Journal Newsletters

Everything contained in this month's issue in an easy-to-read format.

Features

Cooperatives & Condominiums Image

Cooperatives & Condominiums

ALM Staff & Law Journal Newsletters

Recent rulings of importance.

Development Image

Development

ALM Staff & Law Journal Newsletters

The latest rulings.

Features

Protecting Against the Current Real Estate Market Image

Protecting Against the Current Real Estate Market

Sylvia Shapiro

For the past several months there has been a steady drumbeat in the press about the overheated real estate market. Is it a case of modern-day tulip mania or merely a reflection of the laws of supply and demand? Will prices continue to surge or is there a crash looming? Although macro economic factors doubtless are at play, nevertheless there has been little discussion of what action, if any, individual co-op and condo boards, buyers and owners can or should take, as a matter of law or policy, to protect their respective interests and preserve the stability of their buildings in this environment.

Features

Landlord & Tenant Image

Landlord & Tenant

ALM Staff & Law Journal Newsletters

Recent rulings of importance to you and your practice.

Features

Real Property Law Image

Real Property Law

ALM Staff & Law Journal Newsletters

Analysis of the latest rulings.

Features

The Leasing Hotline Image

The Leasing Hotline

ALM Staff & Law Journal Newsletters

Highlights of the latest commercial leasing cases from around the country.

Features

In the Spotlight: Secure Your Premises and Keep Employees Safe Image

In the Spotlight: Secure Your Premises and Keep Employees Safe

ALM Staff & Law Journal Newsletters

How does a public place of business create a secure workplace without feeling like a prison in lockdown? There are several approaches to security. The first thing to consider is the area you want to protect. For example, installing safety film on windows helps to protect against injuries in the event that the glass shatters. In addition to the obvious threat of doors/entrances, the mailroom is an important point of access (remember the anthrax?). If you think your business may be a target, you could consider scanning the mail and having a separate air handler in the mailroom to contain any incident.

Features

Commercial Landlords Tilt the Playing Field Against Tenants under New Bankruptcy Law Image

Commercial Landlords Tilt the Playing Field Against Tenants under New Bankruptcy Law

James A. Vidmar, Jr. & Jennifer D. Larkin

The changes in the coming bankruptcy law (effective Oct. 17, 2005) are certain to be welcomed by commercial landlords who are given new advantages when tenants file for bankruptcy. Landlords will have new ammunition to control the disposition of premises and to ensure prompt performance of lease obligations. The new law already has landlords and tenants rethinking their strategies, both in the leasing stage and post-bankruptcy. Because the law is subject to significant uncertainty in its interpretation and function, however, only time will tell how the changes play out.

Features

What's in a Name? All 'Ground Leases' Are Not the Same Image

What's in a Name? All 'Ground Leases' Are Not the Same

Greg Erwin

The term "ground lease" may be used in connection with shopping center development in two ways. In some deals, the developer of the shopping center leases the shopping center land from its owner and develops the shopping center on the leased land, building store buildings and leasing space to the actual users (a "development ground lease"). In other cases, the shopping center developer owns the shopping center land and leases an unimproved portion of the shopping center (usually a "pad" or out-parcel) to a tenant who will build its own building on the leased land and operate a business there, such as a fast food restaurant, drug store or bank (a "retail ground lease").

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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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