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

Bankruptcy Court Opens Door for Tenants to Assume Leases After a Pre-Bankruptcy Eviction Warrant
November 01, 2022
A recent decision in a Chapter 11 bankruptcy case in the U.S. Bankruptcy Court for the Southern District of New York highlights the significant impact that a 2019 amendment to the New York Real Property and Procedures Law will have on future disputes in bankruptcy cases where the tenant files for bankruptcy after the issuance of a warrant of eviction but before its execution.
The Guaranty Law Only Guarantees A Broken Contract
October 01, 2022
A wave of legislation designed to aid tenants during the COVID-19 pandemic has had an outsized effect on commercial landlord-tenant relations in New York City. The bill that has attracted perhaps the most attention is known as the "Guaranty Law."
Landlord & Tenant Law
October 01, 2022
Unsigned Lease Agreement Not Binding Requirement That Tenants Speak English Supports Fair Housing Act Claim Nonpayment During Pandemic Not Excused By Lease's Casualty Clause Tenant's Diligent Efforts to Convert Property Satisfied Lease Obligation
The Real Estate Leasing Lawyer's Role In an M&A Deal With a Reps & Warranties Policy
October 01, 2022
This article provides an overview of the most commonly-accepted purposes of an RWI policy and an overview of the RWI policy underwriting process.
NY's Guaranty Law Adds to Uncertainty for Both Landlords and Tenants
October 01, 2022
A wave of legislation designed to aid tenants during the COVID-19 pandemic has had an outsized effect on commercial landlord-tenant relations in New York City.
How to Avoid the Claim Cap Becoming a 'Claim Trap'
October 01, 2022
Commercial landlords should consider the steps they can take when drafting and negotiating their commercial leases to minimize the adverse impact of the claim cap in the event of a tenant bankruptcy and ensuing lease rejection.
Small Business Tenants: Know Thy Lease
October 01, 2022
Many landlords are loyal to their tenants and only increase rates at the end of the current lease. Others take a more aggressive approach. They actively find creative ways using lease restrictions to evict tenants. While this isn't necessarily fair, it is legal.
The Federal Reserve Publishes Policy on CRE Loan Accommodations and Workouts
October 01, 2022
Many in commercial real estate, especially relatively new to the industry and without extensive previous experience, are making use of leverage in ways that are problematic under the higher interest rates the Fed has instigated to head off inflation.
Can a Tenant Enforce a Right of Refusal In Third-Party Sale?
September 01, 2022
In Tri-Outdoor v. Keyser, the Pennsylvania Superior Court recently addressed whether a tenant could specifically enforce a right of first refusal provision contained in a lease agreement where the landlord sold the leased premises to a third-party purchaser.
When to Raise Equity Capital In a Fund Structure
September 01, 2022
Gravitating to a fund structure is also no easy task and as with any investment program, the first one is always the most difficult. However, the benefits far outweigh the costs for any experienced real estate investment firm. The primary concern with a fund structure is who will sell the equity in the fund.

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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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