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$8.6M Settlement In Florida Serves As Cautionary Tale for Commercial Real Estate

June 01, 2024

"What's going to happen with affordable housing is that people are going to be living under the radar, trying to get under the leases and do not live there, and apartment owners need to be aware of that because they could be liable for that."

Debt Originations May Have Bottomed

June 01, 2024

CRE debt organization has continued to slow but has reached a virtually flat position, according to Newmark's 1Q24 State of the U.S. Capital Markets.

Sui Generis: Collaborate Like You Mean It

May 01, 2024

Part Three of a Series This article offers up some thoughts about how lawyers ought to access and manage resources in order to provide a multi-faceted, full-service approach to addressing their clients' needs.

Court Caps Landlord's Bankruptcy Claim Against Lease Guarantor

May 01, 2024

A big issue in real estate and retail bankruptcies, among others, involves the disposition of commercial real estate leases, given the potential magnitude of landlord damage claims under state law resulting from a tenant's default under a long-term lease.

Court of Appeals Addresses Pretext By Municipalities As A Bar to Land Use Approvals?

May 01, 2024

Recently, there have been several instances in which municipalities have been challenged by property owners claiming that the municipal boards have utilized delaying tactics and other actions as a pretext to prevent development of their properties.

Court Caps Landlord's Bankruptcy Claim Against Lease Guarantor

May 01, 2024

Given that landlord damage claims could overwhelm other creditor claims in a tenant's bankruptcy case, the Bankruptcy Code includes a provision that limits a landlord's claim, which presents challenges for landlords as creditors in bankruptcy cases.

Due Diligence Commercial Leasing Best Practices In New Jersey

May 01, 2024

Due diligence for CRE loans involves a comprehensive review and analysis of the various conditions and risks associated with the property being mortgaged, with the goal of mitigating such risks to the greatest possible extent before closing the loan.

Proposed Cybersecurity Rule Could Affect Many CRE Landlords

May 01, 2024

Attacks on building systems could easily be deemed within the scope of the rule and real estate owners who lease to covered entities would likely have to quickly report cyber incidents within 72 hours and payments made after a ransomware attack within 24 hours.

Sui Generis: Negotiate Like You Mean It

April 01, 2024

As further follow-up regarding tracking of the lifecycle of a commercial lease, Part Two of this series addresses various negotiation events, strategies, desired outcomes and potentially low key disasters.

The Guaranty Law Continues to Divide Opinion

April 01, 2024

This article discusses the recent developments surrounding the constitutionality of the Guaranty Law. In particular, we address the Southern District's view that the statute is unconstitutional and the splintered view of the statute's constitutionality expressed by New York State courts.

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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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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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Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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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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