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We found 2,403 results for "Commercial Leasing Law & Strategy"...

Roberts ' What's Next?
November 25, 2009
In its decision in <i>Roberts v. Tishman Speyer Properties, L.P.</i>, the Court of Appeals ruled that the current and former owners of the Stuyvesant Town and Peter Cooper Village housing complexes in Manhattan "were not entitled to take advantage of the luxury deregulation provisions of the Rent Stabilization Law ' while simultaneously receiving tax benefits under the City of New York's J-51 program." But there are unanswered questions.
The Leasing Hotline
November 24, 2009
Recent rulings of importance to your practice.
Supporting Struggling Tenants
November 24, 2009
The first part of this article discussed four factors that a landlord should consider when negotiating rent deferral for a struggling tenant: verifying financial distress, lender requirements, short-term relief, and landlord acceleration rights. The conclusion herein addresses the remaining four points.
In the Spotlight: Negotiating a Rooftop Antenna Contract
November 24, 2009
This article addresses some of the legal issues that a landowner needs to consider when negotiating a cell tower lease or license with a telecommunications company for the installation of equipment on its rooftop.
Commercial Lease Gross-Ups
November 24, 2009
Commercial leases often contain gross-up provisions relating to the calculation of the tenant's share of operating costs and realty taxes. There are also gross-up provisions relating to the calculation of the tenant's rentable area. What are gross-up provisions? Why are they necessary, and are they fair? What are the issues associated with gross-ups that landlords and tenants need to consider? This article addresses these and other issues.
In the Marketplace
October 29, 2009
Highlights of the latest equipment leasing news from around the country.
Vehicle Leasing: Graves Amendment Held Inapplicable to Leased Trailers
October 29, 2009
If you or your clients are in the business of leasing the trailer portions of tractor-trailers take note, a New York County trial court judge has ruled that 49 U.S.C. ' 30106, ("the Graves Amendment"), does not pre-empt actions alleging vicarious liability with respect to "delivery equipment" that does not contain a motor.
Deals At Risk: Textron Opens Door to IRS Discovery of 'Tax Accrual Workpapers'
October 29, 2009
SILOs underlie a confrontation between a taxpayer and the IRS in the new First Circuit case of <i>United States v. Textron Inc.</i> But that decision was not just about the legality or taxing of such leases. Rather, it has grave consequences on a far more sweeping issue: the inability of taxpayers to shield from disclosure so-called "tax accrual workpapers," documents typically prepared by in-house tax attorneys that set out in detail sensitive areas of tax liability.
CA Tells Franchisees to Withhold 7% from Franchisor Royalties
October 28, 2009
The California Franchise Tax Board recently told California franchisees to begin withholding 7% of all lease and royalty payments to out-of-state franchisors that exceed $1,500 per calendar year.
The Leasing Hotline
October 26, 2009
Recent rulings of interest to you and your practice.

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    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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