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We found 2,419 results for "Commercial Leasing Law & Strategy"...

Yes, There Were Non-COVID Commercial Lease Decisions During the Pandemic
January 01, 2023
In the past two years, in litigations between commercial landlords and commercial tenants, appellate courts continued to issue decisions on topics, unrelated to COVID questions, that should interest all real estate attorneys and their clients.
Landlord & Tenant Law
December 01, 2022
Landlord's Re-Entry Not Authorized By Lease Provision Plans to Demolish Building Supported Denial of Renewal Lease Guarantor Entitled to Raise Questions of Fact About Entitlement to Rent Abatements
District Court Rules on Ripeness of Claim Under RLUIPA
December 01, 2022
When does a RLUIPA claim become ripe? A federal district court in the Southern District of New York dismissed a RLUIPA claim as unripe, borrowing ripeness doctrine from the takings context and declining to apply a "futility exception" to the requirement that a landowner obtain a final decision before proceeding to federal court.
Severing a Master Lease Raises Thorny Issues
December 01, 2022
A master lease structure is often used where a single landlord and a single tenant intend to lease multiple properties. By using a master lease structure to cover multiple properties as opposed to individual leases, the parties can streamline administration of a large-scale portfolio of properties. However, master lease severance comes with a series of complications.
The Scrivener's Error Doctrine In Commercial Lease Drafting
December 01, 2022
What are the limits of efforts to rescind or reform an agreement based upon a mistake? Can a mere "Scrivener's Error" during drafting result in a wholesale extinguishing of a lease document?
CRE Case Roundup
December 01, 2022
A compilation of commercial real estate rulings in courts across the country.
Development
November 01, 2022
Article 78 Proceeding Not Ripe Even Though ZBA Had Not Made a Decision Within 62-Day Time Limit Challenge to Landmark Designation Was Ripe and Stated Plausible Taking and Due Process Claims Landowner Did Not Acquire Vested Rights Based on Invalidly Issued Building Permit ZBA's Grant of Special Use Permit Upheld
Commercial Bankruptcy Filings On the Rise Due to Economic Turbulence
November 01, 2022
With the recent economic turbulence and pessimism, prudent lenders should be bracing themselves for the coming storm by adopting a five-point "CAPER" strategy: Communicate, Analyze, Preserve, Execute, and Resolve.
Landlord & Tenant Law
November 01, 2022
Subtenant's Lease Obligations Not Terminated By Surrender of the Premises Tenant Complied With Lease's Diligent Efforts Obligation Court Upholds Holdover and Prejudgment Interest Provisions Demolition Plans Suffice to Support Denial of Renewal Lease
Specific Performance Clause May Not Be Enforced In Sale-Leasebacks
November 01, 2022
Specific performance is an important remedy in real estate transactions, however, it is disfavored by the courts and under certain circumstances (particularly in the case of sale-leasebacks), a specific performance clause, even if properly drafted, may not be enforced by the courts.

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  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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