The Gold Rush of NJ Cannabis Leasing: Avoiding a Few Traps for the Unwary
In this ever-evolving space, where 30 states have permitted medical cannabis and nine states have permitted adult-use cannabis, there are many issues that come into play in a lease tailored to cannabis dispensing or grow facilities. This article sensitizes the reader to the notion that these types of leases are not “business as usual,” and that they have their own nuances.
Case Notes
Two Lawsuits, No Collateral Estoppel<br>No Meeting of the Minds in Forged Lease
'Shell Game' Gets Away From Commercial Lease Guarantor
In the real estate business, as in many others, the question of just who is contractually responsible when things go wrong is a recurring one, particularly when a closely-held corporation or other business entity is involved.
Early Termination Provisions: A Landlord's Saving Grace … If Done Right
The focus of this article is the “early termination provision,” a lease provision that affords landlords the tactical advantage they need. Specifically, this article seeks to: 1) guide the practitioner through the pitfalls of a poorly drafted termination provision; and 2) advise the practitioner how to craft a proper and effective termination provision.
Which Financial Representations Will Justify a Discharge Objection after Lamar, Archer?
The Supreme Court's decision in <i>Lamar, Archer & Cofrin, LLP v. Appling</i> has significantly constricted the range and nature of statements that will support a successful objection by a creditor to the discharge of a debt that was obtained by the statements in question. This constriction could have a very real impact on how entities that loan money or provide services on credit review and collect information regarding a borrower's creditworthiness.
Case Notes
Subtenants Not Entitled to Notice Under Law<br>Illegal Tenant Activity Negates Insurer's Responsibility to the Landlord
When Can a Landlord's Consent to Assignment be Reasonably Withheld?
Assignment provisions in a commercial lease often boil down to the following seemingly simple, but more often than not complex, standard: that the lease may only be assigned or the premises subleased with the landlord's consent, not to be unreasonably withheld. The following examples of case law illustrate how courts have construed this provision under various circumstances.
Store Closing Lease Rejection in 'Shiekh Shoes'
Store closing or liquidation sales are a routine part of Chapter 11 cases involving retail debtors. These sales are consistently authorized by bankruptcy courts, despite lease provisions purporting to forbid them.
Inside the New Tax Act's Changes to Carried Interest
Phil Jelsma, a partner and chair of the tax practice team at a San Diego-based commercial real estate law firm talks about the changes to carried interest, how this will impact commercial real estate investment and what investors should do now to comply.