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

The Leasing Hotline
Highlights of the latest commercial leasing cases from around the country.
How Much Control? Municipalities and Real Property Matters
Part One of this series discussed the origin of the authority to make property use regulations and an increasing trend by municipalities to regulate aesthetics and use through the development of 'chronic nuisance' statutes that permit property closure and regulation of vacant properties. This second installment discusses the manner in which the Chicago Municipal Code functions.
A Good Deed May Go Unpunished: Parties That Voluntarily Clean Up Sites Can Sue for Cost Recovery Under CERCLA
One U.S. Supreme Court decision this past term brought welcomed news to those labeled 'potentially responsible parties' under the Comprehensive Environmental Response, Compensation and Liability Act. In <i>United States v. Atlantic Research</i>, the Court unanimously agreed that PRPs that voluntarily clean up contaminated property may bring suit for cost recovery against other PRPs under '107 of CERCLA. The Court's opinion left certain questions unanswered and even raised one or two new questions.
In the Spotlight: Shopping Center Lease Assignments -- Bankruptcy Changes Could Hamper Debtors
Certain amendments to Title 11, United States Code (the 'Bankruptcy Code') implemented by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 received little notice, but one such change made to &sect;365(f)(1), a section commonly utilized by debtor/ tenants to invalidate anti-assignment provisions contained in commercial leases, could have a wide-ranging impact in retail bankruptcy cases.
Retail Goes Green
Retail construction represents only 1.5% of the projects registered with the U.S. Green Building Council for green building status. To incorporate this powerful segment of the building industry into the certification program, the USGBC recently introduced two pilot programs tailored to retail development.
Shortfall Fees in Factoring Pact
In a recent decision, Judge Shira A. Scheindlin of the U.S. District Court for the Southern District of New York applied New Jersey law in ruling that a shortfall fee charged by a factoring company was enforceable, pursuant to an alternative fee structure under a certain factoring agreement.
Inaccurate Financing Statement
Sure, it happens. People make mistakes. But, when does a mistake made on a financing statement render it 'seriously misleading' under revised Uniform Commercial Code '9-506 and thus ineffective to perfect an asserted security interest? The Bankruptcy Court for the Southern District of Florida recently addressed this issue in the case of <i>In re John's Bean Farm of Homestead Inc.</i>
Who Benefits?
An anlysis of the recent case of <i>Rush v. U.S. Bancorp Equipment Finance, Inc.</i>, __ S.D. Rep. ___ (2007 SD 119, Nov. 14, 2007). There, the plaintiff put forth the novel contention that the creditor/defendant should have protected the debtor's financial condition by perfecting the creditor's interest.
The Leasing Hotline
Recent rulings you need to know.
How Much Control?
There appears to be an increasing trend in municipalities in the United States to regulate aesthetics and use through the development of 'chronic nuisance' statutes that permit property closure, and regulation of vacant properties.

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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