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We found 2,403 results for "Commercial Leasing Law & Strategy"...

Landlord & Tenant Law
November 01, 2020
Commercial Tenant Liability Terminated When Landlord Terminated Related Contracts Overcharge Claim Barred By Statute of Limitations
Nondischargeability Judgment Requires Willful and Malicious Injury Under Section 523(a)(6)
November 01, 2020
In re Smith The Bankruptcy Appellate Panel for the Tenth Circuit recently joined the majority of circuit courts of appeals in finding that a creditor seeking a judgment of nondischargeability must demonstrate that the injury caused by the prepetition debtor was both willful and malicious under Section 523(a)(6) of the Bankruptcy Code.
Possible Long-Term Impacts of COVID-19 on Commercial Real Estate
November 01, 2020
While it is likely that the long-term impact of COVID-19 on commercial real estate will be significant, the short-term effect may be to accelerate sector and geographic trends that were already prevalent before the pandemic emerged.
Valuations Forecasted to Decline in COVID-19's Wake
November 01, 2020
Taking a pulse on the impact of the pandemic on all sectors of global commercial real estate, valuation firm Duff & Phelps, in conjunction with the GRI club, surveyed over 300 directors on the state of affairs.
Cash Flows for Bankruptcies During COVID-19
November 01, 2020
Chapter 11 petition strategy will almost invariably require and depend upon cash flow for continued use of leased stores and restaurants. To say the least, for those companies that filed for bankruptcy on the eve of the COVID-19 shutdowns, the strategies — and available cash flows to pay landlords — did not go as planned.
COVID Shutdown Orders v. Statutory Rent Obligations
October 01, 2020
Even though payment of post-petition rent under a nonresidential lease (prior to rejection) has historically been an absolute requirement, bankruptcy courts, as courts of equity, have the ability during these extraordinary times to take a more flexible approach.
Landlord & Tenant Law
October 01, 2020
MCI for New Carpeting Upheld Tenant Breach by Making Renovation Without Permit Entitles Landlord to Possession Issues of Fact Preclude Summary Judgment on Subtenant's Succession Defense
Density and Dimensional Bonuses Allowed for Mixed-Used Properties Under the Philadelphia Zoning Code
October 01, 2020
Part One in a Series Over the years, the city government has amended the Philadelphia Zoning Code to include incentives to increase the amount of housing units as well as the size of such building structures. Over the course of several articles, we will be discussing the "zoning" bonuses a property owner can take advantage of when developing a property within city limits. This part delves into the Mixed Income Housing Bonus, Green Roof Bonus, and the Fresh Food Market Bonus.
Unforeseen Consequences for Bankruptcy Practice In CARES Act
October 01, 2020
This article highlights several of these outcomes and discrepancies of the CARES Act stimulus package, including how accepting crisis funding could lead to a company becoming more distressed, how bankruptcy courts are inconsistently ruling on the ability for Chapter 11 debtors to receive PPP loans and how changes to the Bankruptcy Code altered the rights of equity holders and debtholders.
New York's Commercial Lease Defenses to Paying Rent
October 01, 2020
Few landlords and commercial tenants have been completely immune from the governmentally imposed economic shutdown and COVID-19's wrath. Not including what may have been negotiated in a commercial lease, there are three traditional theories under which commercial tenants could seek to assert entitlement to forgiveness of their rent.

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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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