Landlord & Tenant Law
August 01, 2020
Statute of Frauds Bars Lease Claim
Buildings Constitute Horizontal Multiple Dwelling
No Agreement to Renew
No Wrongful Eviction When Subtenant Remains On Premises
Mezzanine Lenders and Foreclosure Sales During COVID-19
August 01, 2020
This article reviews a recent case, D2 Mark LLC v. OREI VI Investments LLC, to understand how the court's decision may provide mezzanine lenders with guidance in structuring a UCC foreclosure sale auction in the COVID-19 landscape so as to strengthen their position against any claims by the mezzanine borrower that the sale is not commercially reasonable.
Accounting for the Coronavirus
August 01, 2020
This article examines challenges facing accountants due to economic and financial stress increasing at the same time that oversight may be relaxing, provides insight into the question of whether we should expect a rise in accounting manipulations, and concludes with comments on mitigating hindsight bias.
Will Pandemic Lead to More SARE Filings?
August 01, 2020
Single-asset real estate bankruptcies (SAREs) are streamlined reorganizations for debt taken out by borrowers on just one property, giving them a three-month window to propose a restructuring plan.
Join Us For a Twitter Chat: Do We Need Offices Anymore?
August 01, 2020
When we think about how the COVID-19 pandemic has changed the legal industry, one (frankly huge) question comes to mind: Do we really need offices anymore? As many are still working from home, meeting with clients over Zoom and some even conducting jury trials online, life of commuting to and from work seems farther away than February.
The ABCs of Assignments for the Benefit of Creditors (ABCs)
July 31, 2020
General assignments for the benefit of creditors (ABCs) have been and continue to be a popular business liquidation device for the orderly wind down of corporations, limited liability companies, and even nonprofit corporations and general partnerships. Just as in bankruptcy, an ABC can also be used to facilitate a going-concern sale of the debtor's assets to a third-party. Includes an interactive state-by-state map.
Real Property Law
July 01, 2020
Insufficient Hostility to Establish Title By Adverse Possession or Prescriptive Easement
Adverse Possession Claim Against Governmental Land Upheld When Land Not Held for Governmental Purposes
No Preliminary Injunction in Action to Declare Sale Contract Void
New York Court Allows J.Crew to Shutter Under Terms of Mall Lease Despite Continuous Operations Provision
July 01, 2020
Malls across America, long suffering even before the rise of COVID-19, are now forced to confront a wave of store closures. Troubled retailers will, without doubt, seek to close their failing mall locations. To stem these efforts, landlords have applied to courts for injunctive relief to force stores to remain open and operating, despite lagging sales, through the enforcement of the "continuous operations provision" found in mall leases.
New Strategies for Renegotiating Office Leases Post-COVID
July 01, 2020
Current circumstances present an opportunity for tenants to use new strategies to renegotiate or even terminate leases. This article looks at conventional legal strategies that may provide grounds for lease termination before turning to consider another, third, approach.
