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

How the SEC's ESG Disclosure Rules Might Effect Commercial Real Estate
April 01, 2022
After years of discussions and hints, the Securities and Exchange Commission (SEC) finally released its proposed environmental disclosure rule for public company reporting. Getting the information and making the determinations will be a challenge for any sized company that comes under the SEC's purview. But there are significant questions about who is responsible for gathering and reporting information from commercial real estate facilities.
Common Issues In Commercial Property Bankruptcies
April 01, 2022
A review of landlord-tenant bankruptcy issues that should be in the forefront for landlords and tenants in determining rights, obligations and strategies when a bankruptcy involving a commercial property is filed.
Landlord & Tenant Law
March 01, 2022
Landlord Not Entitled to Indemnification for Injuries Suffered on Adjacent Sidewalk Discovery Necessary to Determine Whether Rent Concession Was Equivalent of Preferential Rent Landlord Entitled to Exclude Rent Concession In Calculation of Regulated Rent Lessee Entitled to Cancel When Lessor Did Not Acquire Title By Acquisition Deadline Discounted Rent Was Legal Regulated Rent
Don't Forget to Read Those Condominium Documents
March 01, 2022
No matter how carefully you reviewed the lease, if you don't read the condominium documents you could be missing critical information relating to the unit and the building that is available only by reviewing the condominium documents.
Opportunities and Best Practices for Lenders In Financing Distressed Business Acquisitions
March 01, 2022
As distressed M&A activity inevitably heats up, strategic buyers and equity sponsors that have sat on the sideline for an extended period of time will likely have expanding interest in purchasing viable, but over-leveraged, businesses that are being sold out of bankruptcy.
Second Circuit Narrows Borrower's Ability to Pursue Class Damages In Federal Court for Failure to Timely Record Mortgage Satisfactions
March 01, 2022
The decision in Maddox v. Bank of N.Y. Mellon Trust certainly affords safeguards to lenders and mortgagees in that Maddox now narrows a borrower's ability to pursue class damages in federal court for lenders and services for failure to timely record mortgage satisfactions.
Short-Term Leases Can Create Value Uncertainty
March 01, 2022
When executives aren't sure what normal will look like in where employees work, they can't tell how much office space they need. While some sectors of commercial real estate are stable in terms of tenants, others are a question. That's leading to some pushing for shorter-term leases — ironically, both by tenants and some owners — as well as headaches for underwriting as the predictability of tenancy is up in the air.
Common Issues In Commercial Property Bankruptcies
March 01, 2022
As the commercial real estate market undergoes seismic shifts, companies may find themselves in situations where their tenant or their landlord has filed for bankruptcy protection. Questions then quickly arise, such as if and how a landlord may evict a bankrupt tenant, whether a bankrupt tenant may remain as a lessee and continue to occupy the premises, and how to measure damages for a landlord in this situation, both before bankruptcy and going forward post-petition.
Strategies and Drafting Techniques for Loan Workouts and Enforcement In 2022
February 01, 2022
A series of strategies and drafting techniques relevant to commercial real estate loan workouts and enforcement. This article isn't a "how-to" primer on loan enforcement or restructuring the distressed loan, it identifies some of the current solutions and insights that have been observed, implemented and proposed during this pandemic-impacted workout cycle.
Why Commercial Insurance Prices Are Rising
February 01, 2022
Commercial insurance prices are rising as increased costs from climate change, the supply chain crisis and inflation take hold, Westchester, a commercial property, and casualty insurance underwriter, said in a new report.

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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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