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

Landlord & Tenant
December 01, 2017
In-depth analysis of three major rulings.
Surviving the Retail Shift
December 01, 2017
<b><i>What to Do with Personal Property After a Tenant Vacates</b></i><p><i><b>Part Four of a Five-Part Series</i></b><p>The wreckage of a failed retail business often includes the tenant's personal property that remains in the leased space. Critical to evaluating what to do with this personal property is understanding the nature of that property and determining who has rights to it.
Third Circuit Defines 'Received' for Section 503 (B)(9) Claims
December 01, 2017
For over a decade now, the Bankruptcy Code has granted a priority of payment with regard to creditor claims for goods received by the debtor in the 20 days before bankruptcy. A creditor merely needs to demonstrate that the debtor "received" the goods within the prescribed pre-bankruptcy interval, and its claim attains priority as an administrative expense. Ah, but therein lies the rub.
Case Notes
December 01, 2017
Discussion of a case in which a trial court sided with the property owner/defendant where the tenant sought to terminate the lease early, but could not because it was not in compliance with one of the requirements for early termination.
Industry Growth Trending Up for the Year
December 01, 2017
The Equipment Leasing & Finance Foundation has released its Q4 update to the 2017 Equipment Leasing & Finance U.S. Economic Outlook, which increased its yearly equipment and software investment forecast to 4.3%, up from 3.6% forecast in the Q3 Outlook.
Cooperatives & Condominiums
Discussion of two recent cases.
After a Hurricane: Can the Property Manager Be Blamed for a Lessee's Losses?
The recent decision in <i>Sears Roebuck & Co. and Kmart Corp. v. W/S Lebanon LLC</i> seems timely in light of the fact that commercial landlords, tenants and their insurance providers are grappling with the problems caused by the extreme wind and rain of hurricanes. Here's what happened in that case.
Development
Analysis and discussion of several important cases.
Cybersecurity in Commercial Equipment Leases
<b><i>Hidden Liability for the Unwary Lessor</i></b><p>Much has been written in the industry about equipment lessors' cybersecurity practices for the protection of their information. The issue addressed herein is the equipment lessor's obligations and potential liability for information stored on equipment returned to the lessor at the end of a lease.
The Lease Is Fully Executed
<b><i>You are Done, Right?</i></b><p>After a lease is fully executed, many attorneys may be tempted to think that their role in the leasing "process" is over. However, depending on the capabilities of your client to understand and administer the terms of the lease, not paying attention to "post-lease" signing details may be a perilous proposition.

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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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