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The terms of, and promises made in, a mortgage loan for a shopping center control the operation, ownership of and disposition of that shopping center so long as that loan remains outstanding.

In the Spotlight: Lease Extension Options

This article explores ' from the landlord's perspective ' how to evaluate and craft an option to extend the term of a lease.

Lease Accounting Project

The FASB and IASB issued the second Exposure Draft ("ED") of the proposed new leasing rules on May 16, 2013 with a deadline for comments of Sept. 13, 2013. The ED is an improvement over the 2010 ED in that it is closer to current GAAP in areas such as the definition of the lease term and lease payments.

What's New In the Law

Finance Companies' Rights to Collect True Lease vs. Security Interest: In General Lessors' Damages: Measures and Entitlement Vendor Issues End-of-Term Lease Provisions Forum Selection, Jurisdiction and Choice of Law Assignments of Leases

Equipment Rentals in Bankruptcy: Allocation Issues Arising from Post-Petition Payments

Courts frequently wrestle with how to apply post-petition payments for rental proceeds deriving from lenders' pre-petition collateral. The issue arises principally in single asset real estate cases, because generally post-petition proceeds of the debtor are the rents attributable to the lender's collateral.

Real Property Law

Analysis of recent litigation.

Landlord & Tenant

In-depth analysis of several key cases.

Property Assemblage

Usually a property assemblage is viewed as a transaction involving the purchase of property rather than a lease, but a property assemblage could very well involve a leased parcel.

In the Spotlight: A Tenant's Right to Offset

A commercial tenant's right to remedy a default by the landlord by performing the required work itself, and then offsetting the costs of such work against future rental payments, is an effective remedy. But a tenant needs to review the lease agreement and know the local laws.

Coverage for 'Diminution in Value' in Commercial Property Insurance Policies

Cases in numerous states mandate coverage for post-repair diminution of value under automobile policies. But few mandate such coverage under commercial property policies not covering automobiles.

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When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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Artist Challenges Copyright Office Refusal to Register Award-Winning AI-Assisted Work
Copyright law has long struggled to keep pace with advances in technology, and the debate around the copyrightability of AI-assisted works is no exception. At issue is the human authorship requirement: the principle that a work must have a human author to be eligible for copyright protection. While the Copyright Office has previously cited this "bedrock requirement of copyright" to reject registrations, recent decisions have focused on the role of human authorship in the context of AI.
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Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee
Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."
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Recently Introduced Bill Would Limit ITC 'Domestic Industry by Subpoena'
Patent infringement disputes in the United States are not only heard in district courts. The U.S. International Trade Commission (ITC) also decides high-stakes intellectual property disputes — with the remedy for the IP rights holder not being damages, but rather an exclusion order that can block a competitor's importation of infringing articles into the U.S. That remedy can be incredibly powerful for companies engaged in stiff competition in the U.S. market.
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