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The Leasing Hotline
Recent rulings of interest to you and your practice.
Reevaluating REAs
Part One of this article discussed how the economy has impacted the flexibility and control of REAs, nontraditional occupants, consolidation and conveyance of improvements. Part Two described operating covenants and monetization of real estate. The conclusion herein focuses on parking, site plan and use restrictions.
In the Spotlight: A Practical Guide to Negotiating Data Center Leases
Leases of real property are rarely good candidates for a one-size-fits-all approach. Avoiding this is especially critical when attorneys are preparing or reviewing leases of real property that will include space that will be used as a data center.
Using Ground Leases in a Difficult Economy
Particularly given the dramatic shifts in the real estate market in recent years, and the unpredictability of interest rates, inflation, taxes and other economic factors going forward, greater attention is being focused on ground leases. Here's why.
Leveraged Buyouts Made Less Safe from Fraud Actions in Delaware
In the recent decision in <i>Mervyn's, LLC v. Lubert-Adler Group IV, LLC</i> (<i>In re Mervyn's Holdings LLC</i>), a Delaware bankruptcy court allowed a debtor to proceed with a suit against its former parent, alleging a fraudulent conveyance and breach of fiduciary duty to the debtor and its creditors.
Qualified Intermediary Bankruptcies
A look at the Land America bankruptcy, in which approximately 450 individual exchangers suddenly lost legal possession of their exchange proceeds when Land America filed for bankruptcy.
Secured Lenders Do Not Have an Absolute Right to Credit Bid at Bankruptcy Plan Sales
In a decision that could have wide-ranging consequences for secured lenders and the distressed debt market, a divided U.S. Court of Appeals for the Third Circuit has held that secured creditors do not have an absolute right to credit bid the value of their loans in Chapter 11 plan-based sales of assets.
ALTERNATIVE BILLING ARRANGEMENTS
ALTERNATIVE BILLING ARRANGEMENTS - On May 11th, I was able to sit in on the Argyle Executive Forum 2010 Chief Legal Officer Leadership Forum event in San Francisco. One fo the topics of discussion was the latest definition of "alternative fees" - information that I will be relaying during upcoming workshops and seminars where I'll continue discussing the importance of alternative billing arrangements. Alternative fees are on way in which lawyers and law firms are able&#133;
ONE BUSINESS DEVELOPMENT CONSULATANT'S VIEW
ONE BUSINESS DEVELOPMENT CONSULTANT'S VIEW - For more than 20 years, I have heard in-house counsel say about retention of outside counsel is that in addition to understanding their business, they are taking a risk with every new engagement. To demonstrate how your firm will relieve that concern and provide the best strategy for solving the problem under consideration, you need to demonstrate specific case examples along with unique successes. The message must take your&#133;
<b><i>BREAKING NEWS:</i></b> Ruling Affirms Narrow Reading of 'Parent' in Same-Sex Case
Declining to overrule a 19-year-old precedent, the Court of Appeals narrowly held on May 4 that a same-sex partner who has not adopted her partner's biological child cannot assert visitation rights under New York law.

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