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

In the Spotlight: Bankruptcy Strategies for Commercial Landlords, Tenants, Lenders, and Real Estate Investors
February 19, 2009
This is the first part in a series dealing with the subject of bankruptcy strategies and considerations for commercial landlords, tenants, lenders and real estate investors. The subject matter of each part of this series of brief alerts is complex and what is intended is to highlight some of the key issues the reader should consider in connection with the subjects discussed.
When Silence Is Not Golden
February 19, 2009
This article examines anti-assignment clauses from the landlord's viewpoint; specifically, anti-assignment clauses similar to the following: "tenant shall not, without the prior written consent of landlord, which consent shall not be unreasonably withheld, assign this lease or any interest hereunder, or sublet the leased premises or any part thereof."
When Bankruptcy And Equity Collide
February 19, 2009
In <i>Ades and Berg Group Investors v. Breeden</i> (<i>In re Ades and Berg Group Investors</i>), the court of appeals affirmed a decision below refusing to impose a constructive trust on proceeds from a settlement of reinsurance claims that were paid to a Chapter 11 debtor. According to the Second Circuit, "retention by the bankruptcy estate of assets that, absent bankruptcy, would go to a particular creditor is not inherently unjust."
In the Marketplace
January 29, 2009
Highlights of the latest equipment leasing news from around the country.
What's New in the Law
January 29, 2009
Highlights of the latest equipment leasing case law.
Current Issues in Syndicated Lending: Defaulting Lenders and the Failure to Fund
January 29, 2009
The adverse impact of the current market disruption on many financial institutions has given rise to an increased risk of the occurrence of lenders defaulting on lending obligations. This, in turn, has placed unexpected focus both on the effectiveness of defaulting lender provisions and certain other funding and management mechanics of many syndicated credit agreements.
Real Property Law
January 29, 2009
Analysis of recent rulings.
Landlord & Tenant
January 29, 2009
Commentary on the latest cases.
Development
January 29, 2009
A look at recent rulings of importance.
Court Watch
January 29, 2009
Quiznos' Termination Of Franchise Agreement Declared Unlawful <br>Competing Restaurants Each Incur Partial Loss of Trademark Rights

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  • Private Equity Valuation: A Significant Decision
    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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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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