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Lost Profits Calculations Can Be a Minefield for Practitioners
October 23, 2011
Lost profits calculations can be a very tricky proposition and are not to be entered into lightly. In the context of commercial leasing, as in any other context, the party alleging the loss has to prove certain elements.
After a Lease Is Signed: Avoid These Eight Common Mistakes
October 23, 2011
Those attorneys who fail to realize that a lease can have a profound impact on a business owner's day-to-day operations may be in for a rude awakening. This article discusses eight common mistakes tenants can make after they execute a lease.
In the Spotlight: Maximizing Cash Flow Through the Use of Kiosks and Carts
October 23, 2011
The leasing of common-area kiosks and carts is a good way to create more revenue-generating areas of the landlord's shopping center without incurring excessive cost and without sacrificing the synergistic mix and quality of the center.
Rethinking Boilerplate
October 23, 2011
If boilerplate provisions are not considered in light of the positions of the respective parties to a leasing transaction, a party can be left exposed to substantial liability or without a remedy for the rights it has so carefully negotiated.
On the Move
October 20, 2011
Who's doing what; who's going where.
Projected Reform of German Insolvency Law
October 20, 2011
A large number of U.S. companies have investments in German entities. Should one of these German companies face a severe financial crisis, the U.S. shareholder must deal with German insolvency laws and procedures concerning its German subsidiary.
Selling to an LLC?
October 20, 2011
Late last fall, the Delaware Court of Chancery issued a decision that surprised many business law observers and practitioners.
Recharacterization: It's Not All About Equity or Insiders
October 20, 2011
In <i>Lothian Oil</i>, discussed herein, the Fifth Circuit considered for the first time whether a bankruptcy court has the power to recharacterize debt as equity.
Bankruptcy Court Denies Confirmation of WaMu's Plan of Reorganization
October 20, 2011
Sending the debtors back to the drawing board after almost three years in bankruptcy, the bankruptcy court has for the second time denied confirmation of the Plan of Reorganization for Washington Mutual, Inc. ("WaMu").
LEGAL SALES QUESTIONS: Part III. The Future
October 19, 2011
LEGAL SALES QUESTIONS: Part III., Questions About the Future While the past and present are important to prospects, the future is the key. Through answering the questions about them and your firm, they'll get a good idea as to your commitment to the engagement and abilities to serve their needs. * Can you describe the risks I'm taking if I hire you and your firm? * How can I measure your results? * Who are the attorneys you will&#133;

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