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We found 2,447 results for "Commercial Leasing Law & Strategy"...

e-Commerce Activity Makes Gains, Though Still Down Since Economy Crunch
Rock-solid numbers on economic activity are tough to come by, but if the U.S. Census Bureau's preliminary estimates of retail e-commerce sales can be considered the closest thing to rock-solid numbers, then the nation's economy may be starting the long recovery economists said would come.
IFA Legal Symposium: Financial Concerns Lead Agenda
Financial concerns dominated the discussions at the 42nd annual IFA Legal Symposium, held on May 18-19 in Washington, DC.
Landlord & Tenant
Recent rulings of interest to you and your practice.
The Leasing Hotline
Recent rulings of interest.
Will Your New Tenant Bail Out?
With so many vacancies popping up in shopping centers around the country, landlords are willing to entertain creative solutions to placing tenants in these empty spaces. However, before signing the leases and dropping off the keys, landlords should make certain they follow some very simple procedures and perform routine due diligence.
Trouble in Lease Land
Retail landlords know a tenant is in trouble when rent payments are late or cease altogether, when the tenant's store is not well stocked with new merchandise, or when the physical condition of the store deteriorates. Retail tenants know that a shopping center is in trouble when an increasing number of stores are dark, or the maintenance of the common areas or other services have declined. Here's what to do.
In the Spotlight: Lease Audits: Adding Value in Troubled Times
If you are a tenant that is leasing properties at numerous locations, it would be an especially prudent business practice to take a careful look at all of your leases and operating expense invoices to determine if there are any opportunities to generate savings.
What Tenants Are Asking of Their Landlords in Challenging Economic Times
The current economic slowdown has been particularly hard on the retail industry. Operating retail stores in times of economic uncertainty has placed most real estate professionals in uncharted waters. Tenants are looking to their landlords for economic relief to meet the challenges of operating their stores without incurring unacceptable losses during these turbulent times. This special issue of Commercial Leasing Law & Strategy discusses difficulties arising in the context of retail leasing.
Is an Insurer Obligated to Defend the Prosecution of Affirmative Claims on Behalf of Its Insured?
Insurers are not required to "defend" affirmative claims. But "defense" of affirmative claims may be covered if factually related to and necessary to defense. A look at recent case law.
Strategies for Responding to the Financially Distressed Auto Dealership
Because the financial distress is network-wide, how manufacturers respond to the financially distressed dealership is more important than ever. For some dealerships, the appropriate strategy may be creative cooperation forbearance agreements, operating stipulations, and workouts ' not adversarial enforcement.

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  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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