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

Renewable Energy Leasing Opportunities
Lately there has been increased interest in the use of sale-leasebacks as a financing mechanism for solar projects. While most of the activity to date has involved solar projects, there is no reason that sale-leasebacks could not be used to finance other types of renewable energy or other energy projects eligible for investment tax credits under Section 48, such as fuel cells, geothermal or certain combined heat and power facilities, as well as integrated gasification combined cycle and other advanced coal-based generation projects under Section 48A or gasification projects under Section 48B.
The Leasing Hotline
Recent rulings of interest to you and your practice.
The Most Crucial Commercial Lease Cases
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
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
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.
New Contracts in Kansas Can No Longer Contain Commonly Used Liability Indemnity Provisions
The 2008 Kansas Legislature passed a statute that declares void as against Kansas public policy long-standing contract risk-allocation provisions in many commercial contracts ' including franchise and dealership contracts. The story begins in 2004, when the legislature enacted a prohibition against liability indemnity provisions in construction contracts.
Landlord & Tenant
Commentary on the latest cases.
Protecting Interests If Another Company Files for Bankruptcy
As the Boy Scouts say: "Be Prepared." And in today's economic climate, that means prepare in advance ' when a contract is entered into ' to protect yourself in case the other entertainment-industry party declares bankruptcy. This requires a basic understanding of the extraordinary protections and rights that are afforded to debtors in a bankruptcy, particularly the right to void unperfected security interests and to terminate executory contracts. So forewarned is forearmed.
Fair Value Accounting: Insights and Issues
This article examines the accounting principles and the framework underlying fair value measurements and clarifies the difference between mark-to-market accounting and fair value accounting. The article then examines the application of fair value accounting in inactive or illiquid markets, and in doing so, raises certain thematic issues that have surfaced in regard to this topic.
What's New in the Law
Highlights of the latest equipment leasing cases.

MOST POPULAR STORIES

  • 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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