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Prepayment Premiums and Make-Whole Payments Image

Prepayment Premiums and Make-Whole Payments

Joel H. Levitin

To determine whether a creditor has an enforceable right to collect a prepayment premium in bankruptcy, courts first consider the text of the loan documents.

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Ubi Sunt, Buck-Out Lease? Image

Ubi Sunt, Buck-Out Lease?

Barry Marks

Despite predictions in several quarters, the so-called buck-out lease appears alive and healthy, if not as robust as it once was.

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The MAC Clause Image

The MAC Clause

Anthony L. Lamm & Stephen Levin

This article is the second in a continuing series on resolving contentious issues in sophisticated lease transactions. In this installment: The MAC Clause.

Features

How the Federal Government Can Learn from the Evolution of CA's Family Leave Act Image

How the Federal Government Can Learn from the Evolution of CA's Family Leave Act

Evie P. Jeang

The advent of CA SB761 and the recent approval of CA SB770 signifies progress in the evolving quest to provide paid family leave for instances such as maternity leave.

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The Meaning of 'Clothes' Image

The Meaning of 'Clothes'

Jessica Schauer Lieberman

A case pending before the Supreme Court is putting a new spin on the question, "What are you wearing?"

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The 'Right to Be Forgotten' Image

The 'Right to Be Forgotten'

Philip Segal

How do the fast-spreading "Right to be Forgotten" and "Ban the Box" initiatives affect employers looking to screen for criminal activity among their job applicants? You'd be surprised.

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Hidden Risks of Leasing Retail Space Image

Hidden Risks of Leasing Retail Space

Glenn Browne

There are often"hidden" risks that may not be addressed by tenants in their lease negotiations. This article addresses certain of these concerns.

Franchise Compliance Image

Franchise Compliance

Evan Hackel

How can a franchisor be sure about where to draw the line and how strictly to enforce the rules that are set out in the franchise agreement or operations manual?

Features

In the Spotlight: Holdover Tenancies Image

In the Spotlight: Holdover Tenancies

David P. Resnick

Tenants that fail to vacate their premises at the expiration of the term can cause significant damage to the economic health of a commercial property ...

Ground Lease Tug of War Image

Ground Lease Tug of War

Catherine Phillips

Absent express language, different jurisdictions have interpreted and determined ownership of ground lease improvements in varying ways.

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