We found 2,436 results for "Commercial Leasing Law & Strategy"...
Recent Developments in Enforcement of Forum Selection Clauses
October 24, 2012
This article highlights several practical tips that will increase the probability that a forum selection clause will be enforced to its maximum effect.
To Participate or Not to Participate: A Secured Party's Question
October 24, 2012
This article considers what might happen to a secured claim if the creditor fails, or elects not, to participate in its debtor's bankruptcy case.
Creditor Recoupment
September 26, 2012
The U.S. Court of Appeals for the Eighth Circuit recently held that equitable considerations could not prevent a creditor's recouping of amounts owed to it by a Chapter 7 debtor.
Perfection and Priority of a Security Interest in Internationally Mobile Goods
September 26, 2012
Even if a loan to a borrower is made by the Cayman Islands branch of a lender, and thus neither lender nor borrower has any "presence" in New York (other than, not atypically, lender's counsel), the parties' choice of New York law should be effective, as New York permits parties to commercial agreements involving not less than $250,000 to "agree that the law of this state shall govern their rights and duties in whole or in part, whether or not such contract, agreement or undertaking bears a reasonable relation to this state."
Mall's 'Minimal Precautions' Spare It Liability for Murder
September 25, 2012
Since the owners of an Ulster County, NY, mall took at least "minimal precautions to protect tenants from foreseeable harm," they cannot be held liable for the brutal after-hours murder of the night manager of a restaurant, an appellate court has held.
In the Spotlight: Should You Consider a Sale-Leaseback?
September 25, 2012
This article looks at some of the benefits and downsides of sale-leasebacks, and discusses some of the factors to consider to achieve optimum results in structuring one.
Adding a Fuel Facility to Boost Sales
September 25, 2012
This brief review of some of the issues that may be encountered in leasing a fuel facility clearly establishes that adding a fuel facility to a retailer's portfolio of properties is anything but easy.
Understanding Insurance in Retail Leases
September 25, 2012
A summary of some of the most important and commonly negotiated insurance-related concepts in retail leasing.
Seventh Circuit: Bankruptcy Code's Definition of 'Intellectual Property' Does Not Include Trademarks
September 25, 2012
A recent decision by the Seventh Circuit provided a trademark licensee with protection when its licensor filed for bankruptcy and rejected the trademark license.
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- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›