Creditor's Rights Vindicated: Bad Faith Chapter 11 Dismissed By Appellate Court
September 27, 2007
The U.S. Supreme Court has often declared that the bankruptcy court is a place strictly reserved for 'honest debtors.' And while that connotes individuals, there is no escaping the implication that it is just as applicable to businesses that should only be seeking to advance legitimate ends via the bankruptcy process. Yet, an even more direct admonition to all who may file a bankruptcy case is the requirement of 'good faith,' a concept general enough to be adaptable, but strict enough to require entrants to come into the proceedings with the proverbial 'clean hands.'
When Real Estate Isn't Real
September 27, 2007
For years, e-commerce writers have distinguished the 'bad, old bricks-and-mortar' world from the 'new and improved' e-commerce economy. But recently, the marketing, purchase and sale of real estate have all begun to join online.
Contractual Risk Transfer: Your Policy or Mine?
September 27, 2007
Companies involved in collaborative undertakings frequently confront risk sharing and transfer issues. After they identify a project's hazards, they then decide who will bear what risk, in what way, and in what amounts. They also need to consider whether either party (or both) will maintain insurance for the other's benefit. When negotiating a contractual risk transfer agreement, the parties need to understand their bargaining position and relevant contract and insurance principles. They need to be cognizant of risk transfer limitations. They need to consider if the risk transfer will be supported by insurance, and if so, the scope of coverage required and their willingness to share it in the event of a loss. The companies also need to put in place measures to assure compliance with their contract. This article examines these matters and offers practice pointers for those confronting contractual risk transfer decisions.
Green Issues in Commercial Office Leases
September 26, 2007
The first part of this series focused on the credits involved with a lease for office space where the client wants to pursue LEED CI Certification and addressed the LEED CI credits one needs to be aware of, by category, with a discussion of the intent behind each credit. The conclusion discusses the questions that should be asked of the tenant and landlord.
The Leasing Hotline
September 26, 2007
Highlights of the latest commercial leasing cases from around the country.
Green Revolution: New Local Regulations Address Global Warming
September 26, 2007
A great deal has been written about global warming, international efforts to cut greenhouse gas emissions, state and federal action in this area, and even growing business initiatives that seek to address the problem. (<i>See, e.g.,</i> Thomas L. Friedman, 'The Green Road Less Traveled,' <i>N.Y. Times, Week in Review,</i> at 12, July 15, 2007. Significantly, however, these environmental concerns also have reached down to the local level throughout New York state. Indeed, local government actions are already affecting ' and will have significant future implications for ' individuals, businesses, property owners, contractors, and suppliers. Local municipalities have adopted zoning, building, or construction codes or other land use regulations requiring consideration of greenhouse gases or related environmental issues before permits will be issued. The new provisions are becoming so prevalent, in fact, that one might rightly declare that the state is at the beginning of a 'Green Revolution' on the local level.
