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Many commercial leases have what can be called a "repair and maintenance gap." This gap is created when the lease specifies certain repairs and maintenance for which each of the tenant and the landlord are responsible, but then is silent on others.
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Tenants are accustomed to negotiating assignment provisions heavily as they relate to a third-party transfer. However, the effects that such provisions can have on a tenant's corporate autonomy are often overlooked.
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Quite often, prospective tenants are considering leasing space that has been improved by former tenants. This article addresses certain concerns, and ways in which prospective tenants can seek to reduce their risk.
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Bankruptcy trustees are particularly susceptible to in pari delicto</I> when pursuing certain claims against third parties, as the debtor's own culpability may bar recovery.
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The first part of this article discussed the collision of the bankruptcy and public finance worlds, and the damage caused to bondholders and their respective professionals. The discussion concludes herein with a look at two additional rulings.
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A recent decision by the Seventh Circuit Court of Appeals, <I>In re Castleton Plaza, LP</I>, has put into question the application of the new value corollary in future Chapter 11 cases.
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Most employers know of their obligation to take immediate and appropriate corrective action to prevent harassment in the workplace. But this obligation extends to preventing harassment by <I>non-employees,</I> including, for example, customers, patients, and university students.
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Jurors who improperly search the Internet for information about the trial they're hearing are a growing problem for lawyers and judges.
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The U.S. Bankruptcy Appellate Panel for the Eighth Circuit held on March 25, 2013, that a lender "lost its possessory lien when it turned the Debtor's account funds over to the Trustee without first seeking adequate protection.
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One subject not getting near enough attention is the role IT financing will play as companies migrate to the cloud in a bid to save costs and bring added flexibility to their business models.
