e-Mail Exchanges As Binding Contracts
As a number of recent decisions in New York and elsewhere make absolutely clear, for good or for ill, parties now can conclude a contract, or amend an existing contract, via e-mail.
Legislative Update
This article provides relevant highlights of legislative and regulatory reactions to the tumultuous financial events affecting equipment leasing.
Taming the Tenant's Form of Lease: Common Landlord 'Fixes'
Part One of this article discussed some of the major landlord "fixes" often required when working from a tenant's form of lease, <i>i.e.</i>, remeasurement, rent, taxes, tenant self-help, default, mitigation, assignment, subordination, and estoppels. This conclusion continues the discussion with additional "fixes."
Havana Central: Tort Liability and Holdover Tenants
A recent split decision by a New York appellate court upholding an incoming tenant's claim against a prior tenant for failing to vacate premises at the expiration of its lease has generated substantial comment and bewilderment in the real estate bar.
And on the 46th Day, Who Wins?
This article provides a review of the basic principles of federal tax liens and secured transactions under Article 9 of the UCC ("Article 9") and discusses certain issues that arise with respect to the priority of federal tax liens against certain interest holders under the "45-day rule" of the Internal Revenue Code of 1986, as amended (the "Code").
Prevent Your Tenant Mix from Turning Your Property into a 'REC'
An increasing number of properties have been and continue to be classified as having some kind of recognized environmental condition. The REC classification arises from the EPA crackdown over the past few decades to ensure that property owners and the parties who are responsible for causing the contamination actually share in the cost and burden of the remediation process.
