LJN Newsletters

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

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?

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 ...

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

Who's going where; who's doing what.

As can be expected, bankruptcy cases often involve numerous claimants holding general unsecured claims against the debtor. As a result, an official committee is usually appointed under Bankruptcy Code section 1102 to represent the interests of all of the debtor's unsecured creditors. Upon approval of the bankruptcy court, Bankruptcy Code section 1103 authorizes the committee to retain attorneys, accountants and other professionals to assist it in performing its services during the course of the bankruptcy'

Equitable mootness is a judge-made remedy that is misnamed, says the author.. Judges apply it to seek an equitable result, but mootness in the constitutional sense is absent.

A look at the Section 1145 exemption in relation to a major case.