The Most Crucial Commercial Lease Cases
January 28, 2009
The first part of this article, which appeared in the December 2008 Issue, discussed cases that address the preference for stability over sense, mitigation and interpretation of leases. The cases in Part Two herein address enforcement and violations.
In the Spotlight: Commercial Landlord Protections in Difficult Economic Times
January 28, 2009
Today, landlords are particularly worried about tenant bankruptcies. True, this has always been a concern for commercial landlords, but previously their focus may have centered on smaller, start-up businesses rather than the large anchor tenants that are currently seen knocking on the bankruptcy court's door.
Don't Give Rent Relief Without Any Strings Attached
January 28, 2009
There are several different types of rent relief, ranging from an all inclusive "gross" rent, to a temporary reduction in base rent, or converting the economic terms of the lease from fixed rent payments to a "percent in lieu" deal, where the tenant's rental obligation is based on a percentage of gross sales generated at the premises. This article describes the options.
On the Move
January 28, 2009
Who's going where; who's doing what.
Can the Claims of Individual Creditors Be Assigned to a Litigation Trust for Prosecution?
January 28, 2009
Last month, we asked the question: Can a plan provide that the securities claims ' which are not estate causes of action because they belong to the bondholders individually, not to the company ' will be assigned to a trust so that the trust can efficiently litigate these claims and distribute the proceeds thereof to the bondholders? Herein, a continuation of our discussion.
Score One for the Good Guys
January 28, 2009
On countless occasions, the Supreme Court has proclaimed the longstanding axiom that the bankruptcy process is for "honest debtors" only; wrongdoers should never be allowed refuge within the confines of the nation's insolvency law. Often overlooked is the fact that the automatic stay, 11 U.S.C. ' 362(a), a linchpin of modern bankruptcy practice, was likewise carefully constructed so as to not provide a safe harbor for malefactors.
Whose Claim Is It, Anyway?
January 28, 2009
Understanding the courts' treatment of this division of claims (as inconsistent as it is) is essential to a successful litigation strategy, whether on behalf of individual creditors or a trustee.
MARKETING PROFESSIONAL SERVICES ON YOUTUBE
January 19, 2009
MARKETING PROFESSIONAL SERVICES ON YOUTUBE is one of the newest methods for corporate counsel to learn about firms who are or might service them in the future. It's powerful, it's persuasive, and it pjrovides a new way for professionals to maximize their marketing message. They call it YouTube. Online video is a professional services revolution in the making. It rivets audiences and directly involves them in your marketing. Link the YouTube post to your website and -…
