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

Cleaning up After Debtor/Tenants
February 26, 2008
The Ninth Circuit has created a dubious distinction between tort-like damages and other non-rent damages that will undoubtedly spawn uncertainty and litigation. The authors explain why.
The Leasing Hotline
January 31, 2008
Highlights of the latest commercial leasing cases from around the country.
Using a License Agreement Instead of a Lease
January 31, 2008
Given the need of landlords to be relieved of the onerous burdens and frustrations of traditional landlord-tenant litigation, a license agreement may be useful for the right business plan.This article discusses the license agreement — its limitations and its powers. It also dissects and explains when and how to use a license agreement, and the ability to effectuate self-help properly.
Think It's Found Money? Better Do It Right When Raising Investment Capital
January 31, 2008
Finders can provide valuable services on behalf of a company seeking funding since they may have access to investors that would not otherwise be known to the company. This article sets forth recommended provisions for a Finder's Fee Agreement.
What's New in Leasing Law
January 31, 2008
Highlights of the latest equipment leasing law.
Measure the Premises Twice: Cut the Deal Once
January 31, 2008
Measuring the premises in advance of the letter of intent can help to avoid backtracking on points and re-negotiating the business deal during the lease negotiation process.
El Toro: A Red Flag on Lease Rejection Damages
January 31, 2008
The U.S. Court of Appeals for the Ninth Circuit recently issued the first circuit-level decision regarding what sort of damages are subject to the cap imposed by Bankruptcy Code '502(b)(6) on landlords' claims arising from a debtor's rejection of a nonresidential real property lease.
In the Spotlight: Ten Suggestions for Owners Starting a Major Construction Project
January 31, 2008
There comes a time in the life of almost every company when it will engage in a major construction effort. Here are 10 basic suggestions from a seasoned construction litigator, who has spent 20 years working on the back end of troubled projects, to help you on your way to a successful — even though it may, at times, seem stressful — project.
Franchisee Chapter 11: A Primer for Franchisors
January 30, 2008
This article addresses the challenges faced by franchisors when their franchisees file for Chapter 11 bankruptcy.
The Rise in Family Responsibility Discrimination Cases
January 29, 2008
Part One of this article began a discussion of the dramatic increase in cases alleging caregiver discrimination. Part Two herein discusses the most recent cases and guidelines involving this area of the law, and how employers can best protect themselves, given the explosion of family responsibility discrimination (FRD) cases and the open issues that could further impact the number of FRD filings.

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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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