We found 2,436 results for "Commercial Leasing Law & Strategy"...
Confidential Lease Terms Versus Public Access to Government-Held Documents
August 01, 2017
Commercial landlords with multiple properties, or developments with more than one tenant, are generally loath to disclose to potential tenants the terms of leases into which they have previously entered. So, what happens when a government entity has demanded or been given a lease as part of a governmental process, such as when a landowner is seeking permission to build?
Court Holds That Deposits Would Be Hypothetical
August 01, 2017
In a recent ruling, the Ninth Circuit held that bankruptcy courts may permissibly engage in "hypotheticals within hypotheticals" so long as the inquiry is factually warranted and is supported by appropriate evidence, and provided further that the hypothetical action would not contravene any other provision of the Bankruptcy Code.
Do <b><I>Daubert</I></b> Motions Really Work?
August 01, 2017
<b><I>Part Three of a Three-Part Article</I></b><p>Last month, the author described two of his six tips for achieving success with <I>Daubert</I> motions. Here, he concludes by offering four more.
POCs and the FDCPA: A License to File
July 02, 2017
Buyers and servicers of “stale,” or time-barred, debt have been watching the bankruptcy and appellate courts closely of late, as court after court has ruled on whether a key component of their recovery strategy — seeking payment related to such time-barred debts by filing proofs of claim in bankruptcy — violates the Fair Debt Collections Practices Act (FDCPA).
Easy As FMV: Modern Fair Market Value Renewal Methods
July 02, 2017
This article discusses the competing interests and criteria of landlords and tenants in defining fair market value, explores various mechanisms used for resolving disputes over fair market rental rates, and concludes with proposed language that represents a healthy compromise for both sides.
Public Trust Doctrine Thwarts Willets Point Redevelopment
July 02, 2017
In <i>Matter of Avella v. City of New York,</i> the Court of Appeals enjoined development of a retail mall on what is now Citi Field's parking lot, holding that the development proposal would constitute an impermissible alienation of parkland by the City of New York.
Cooperatives & Condominiums
July 02, 2017
Discussion and analysis of a case involving enclosing a balcony.
Do <b><I>Daubert</I></b> Motions Really Work?
July 02, 2017
<b><I>Part Two of a Three-Part Article</I></b><p>Like baseball batters in a lineup, the home run potential of any given <I>Daubert</I> motion varies greatly. Players without a good eye for the fast ball usually do not make it to the big leagues; lawyers without the skill set to deconstruct and demonstrate the methodological flaws in a disclosure of opinion testimony may get to play in the big leagues, but they have terrible batting averages.
Drafting an Effective Commercial Lease Default Lease: Two More Secrets
July 02, 2017
<b><I>Part Two of a Two-Part Article</I></b><p>Last month, the authors outlined three types of provisions that can ease a commercial landlord's efforts to enforce the terms of a lease when a tenant defaults: clauses related to additional rent, rent acceleration and late charges. They continue here with two more lease-drafting ideas for minimizing the effects of tenant default.
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