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Temporary Leasing and Temporary Licensing
June 18, 2010
Temporary tenants are no longer comprised solely of "mom and pop," new "start-up" businesses and similar tenants that could not afford the rents paid by "in-line" tenants, but rather may be composed of national tenants and sophisticated tenants very familiar with the leasing process.
The Pros and Cons of SNDAs
June 18, 2010
Lawyers familiar with commercial leasing and lending transactions should be well-versed in the concepts of subordination, nondisturbance, and attornment. It is advantageous for both landlords and tenants to negotiate mutually satisfactory provisions in leases that address such concepts.
In the Spotlight: Eight Ways Tenants Can Rewrite a Landlord's Security Deposit Clause
June 18, 2010
There are at least eight revisions that a tenant can make to a landlord's "standard" security deposit clause that can protect its interests as well as the landlord's.
How the Capital Markets and Current Drop in Property Values Can Work to a Tenant's Advantage
June 18, 2010
It is definitely a tenant's market, but tenants need to be aware of the "point of no return" for the landlord. They need to be acutely aware of how their tenancy will affect the value of a property and how to properly leverage their existing or contemplated occupancy.
BAPCPA: Another Nail in the Coffin of Retail Reorganizations
June 18, 2010
BAPCPA has had a profound effect on retail reorganizations, particularly, the restriction on bankruptcy courts' broad discretion to extend debtors' time to assume or reject leases. This shortened time period, a maximum of 210 days, has been alleged to be responsible for the death of retail reorganizations.
Seller, Beware
June 18, 2010
Companies that continue to supply to a customer after the customer files for Chapter 11 bankruptcy protection should take note of a recent decision from the Eleventh Circuit that required a supplier to return the money it was paid by a Chapter 11 debtor ' for goods shipped to the debtor post-petition ' because the debtor did not have authority to make the payment in the first place.
The Challenge of Determining Enterprise Value in Volatile Markets
June 18, 2010
Arguments about value lie at the heart of many disputes in Chapter 11 cases. Yet, despite how critical it is to the outcome of these cases, bankruptcy courts often have extreme difficulty determining value. This makes valuation a fertile source of litigation.
Managing Data And Anticipating Litigation
June 18, 2010
Approximately 40% of all e-discovery cases in 2009 involved claims for sanctions against parties that allegedly failed to comply with discovery obligations. Of the sanctions cases, 67% addressed an alleged failure to properly preserve ESI.
<i><b>Online Exclusive:</b></i> Text Search Reasonable, Says Supreme Court
June 17, 2010
In its first ruling on the privacy of workplace texting, the U.S. Supreme Court on June 17 said that a city audit of an employee's messages on a city-owned pager was a reasonable search under the Fourth Amendment.
Top Five Backup Headaches Solved
June 07, 2010
New technology is available that directly indexes backup data and allows the extraction of files and e-mail without the use of the original backup software. By providing quick and easy access to data on tape, common causes for backup data migraines can be alleviated. This article outlines how to quell the pounding caused by common backup data issues.

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