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

The Disappearance of Qs: A Knockout Punch to Securitizations?
Proposed changes to accounting rules for securitization vehicles will further challenge this already fragile market, threatening its role as a significant source of liquidity.
The Leasing Hotline
Recent rulings of interest to you and your practice.
Tenants Beware!
This two-part article focuses on how the SNDA can have other impacts that are at least as important as a tenant's concern not to be disturbed in its possession of the premises. The conclusion herein discusses lender issues.
Switching to Fixed Operating Costs
By carefully analyzing those items that are included in Fixed Costs, those items that are excluded from Fixed Costs, and the manner by which Fixed Costs will be escalated each year, a tenant can effectively convert from the payment of a proportionate share of additional rent expenses to the payment of a Fixed Cost expense. Here's how.
In the Spotlight: Evidence in Broker's Actions for Commissions
In the litigation of an action brought to recover real-estate brokerage commissions, evidence that is ordinarily excluded is nevertheless admitted because of the necessities attendant in such actions for the claimant to establish the elements of a cause of action. the author discusses why.
The Latest Litigation Rage
How to avoid public access lawsuits under Title III of the ADA, including a complete rundown of things to watch out for, and stopping trouble before it starts.
Happy (?) New Year: 2009, Retailers and Bankruptcy
This article discusses some of the challenges that face retailers who may file Chapter 11 in the coming year, and offers some suggestions for increasing the odds of successfully reorganizing.
Levying Rents Pursuant to Monetary Judgment
New York's law on levies of rents pursuant to money judgment is most peculiar. The obligation of a tenant (T) to pay rent runs with the land. Let us call the forward-looking obligation of a tenant to pay rent a "rent receivable." New York law insists that the rent receivable is real property. Once the rent receivable is actually paid, the proceeds are considered the landlord's personal property. Collection of the rent "severs" the dollars from the real property.
Help Insulate Your Firm with Careful Year-End Planning
Notwithstanding the slowing economy, there are opportunities to strengthen the firm's finances and those of individual partners. The key in this or any year is careful tax planning — including year-end tax projections — that will help lessen federal and state tax liabilities, prepare for possible exposure to the alternative minimum tax, and discover potential ways to save and streamline.
Clear Channel Muddies the Waters of ' 363(m) Mootness Protection
The Ninth Circuit BAP's recent opinion in <i>Clear Channel v. Knupfer</i>, 391 B.R. 25 (B.A.P. 9th Cir. 2008), threatens the sanctity of the mootness rule under Bankruptcy Code ' 363(m). Here's why.

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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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