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We found 2,436 results for "Commercial Leasing Law & Strategy"...

THE LEASING HOTLINE
September 22, 2003
Highlights of the latest commercial leasing cases from around the country.
Fool's Gold: Avoiding Pitfalls of 'Gold Clauses' in Long-Term Leases
September 22, 2003
All lawyers dealing with transactions involving transfers, assignments or amendments of long-term leases entered into prior to 1934 need to be aware of the possible ramifications of a 'gold clause' in the original lease.
Protecting Your Leasehold: Keeping Competitors at Bay
September 22, 2003
It is happening more and more — anchor stores going dark and landlords scrambling to fill the void. Unfortunately, in their zeal to relet, often landlords offer their empty spaces to prospective tenants who will change the structure of the center and compete with existing tenants. This article will discuss several bases upon which tenants may be able to rely to prevent a competitor from moving in, quite literally, next door.
In the Spotlight: Tenants Should Seek Flexibility in Negotiating Parking Privileges
September 22, 2003
Lease provisions that provide for the tenant to make periodic payments to the landlord for parking privileges are often unclear as to whether the tenant is required to pay for the availability of such spaces, whether or not the tenant utilizes them.
Location, Location and Location (But Relocation?)
September 22, 2003
Given the age-old maxim of retailers that what matters is 'Location, Location and Location,' it is often difficult for an in-line retail tenant to confront the fact that its landlord can require it to relocate its store to other space in a mall or shopping center. On the other hand, owners of malls and shopping centers must retain the right to expand, to add new anchors and to remerchandise their properties from time to time — thus, the 'Relocation' provision found in virtually all forms of in-line retail leases. This article explores the major issues that a relocation provision creates for a retail tenant and how some of those issues might be addressed in the lease.
COURT WATCH
September 13, 2003
Highlights of the latest franchising cases from around the country.
IN THE MARKETPLACE
September 11, 2003
Central Leasing Corporation of Birmingham, AL has named Barry Thomas as credit manager. Formerly vice president and group manager at SouthTrust Bank, Thomas will be responsible for overseeing the credit department for the commercial leasing and finance company. In addition, he will also be responsible for managing day-to-day operations.
Automobile Lessors Beware: Vicarious Liability in Three States
September 11, 2003
A Rhode Island Supreme Court decision has caused lessors to think twice about leasing motor vehicles in the State of Rhode Island. In <i>Oliveira v. Lombardi</i>, 794 A.2d 453 (R.I. 2002), the Rhode Island Supreme Court held that two automobile leasing companies may be held vicariously liable under Rhode Island's vicarious liability statutes for the negligence of drivers operating motor vehicles titled in the leasing companies' name.
Passive Lessor Liability from Terrorism: A New Era of Higher Risk
September 11, 2003
What terrorism risks do passive owner/lessors face regarding their leased property? Have lessors changed their views or analysis of how to protect their lease investments from terrorism since 9/11 and the war in Iraq?
IN THE MARKETPLACE
September 11, 2003
Highlights of the latest equipment leasing news from around the country.

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  • The Article 8 Opt In
    The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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  • The Anti-Assignment Override Provisions
    UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?
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  • The Stranger to the Deed Rule
    In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
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