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In a case decided on Oct. 17, 2016, the Commonwealth Court of Pennsylvania rejected a long-standing position taken by the Pennsylvania Department of Revenue dealing with when renewal periods must be added to the initial term of a lease for realty transfer tax purposes.

Expanding the Scope of Good Guy Guarantees

Good Guy Guarantees are designed to ensure that defaulting commercial tenants leave the premises promptly, avoiding loss of rental income to landlords. However, in Bri Jen Realty Corp. v. Altman, the Second Department construed a Good Guy Guarantee to hold a guarantor liable for rent for 11 months after tenant surrendered the premises.

Landlord & Tenant

Several key rulings are discussed.

FinTech Pressure on Equipment Finance Companies Serving SMB Markets <font="-1">Challenges and Opportunities

This article discusses the initial impact of FinTechs and resulting opportunities and challenges, including strategies for recovering non-performing loans and leases within the fast-paced FinTech business model.

Work Letter 'What Ifs': Practical Solutions to Possible Problems

Part One of a Two-Part Article The work letter agreement of the lease sets forth the rights and obligations of the landlord and the tenant relating to the construction of improvements at the leased premises. To help anticipate problems and mitigate associated risks, this two-part article summarizes six "what if" scenarios that should be considered by landlords and tenants when negotiating Work Letters.

David vs. Goliath

How to Handle the Right of First Refusal of a Single Parcel in a Multiple-Parcel Package DealIt is best for all parties to avoid litigation by clearly addressing the possibility of a transfer of more than just the property that is the subject of the right when that property is part of a larger parcel, or could be part of a package deal.

Navigating the Bankruptcy Court's Power to Modify a Secured Creditor's Lien

This article focuses on the impact of the Bankruptcy Code's section 552, which addresses the effect of a bankruptcy filing on property acquired by the debtor after the filing of the bankruptcy case (referred to as "after-acquired property") and proceeds of pre-bankruptcy collateral.

The 'Death Spiral' of Malls

It's impossible not to notice the vacancies when walking into a shopping mall in the United States. To stem the tide, certain mall owners in high-profile bankruptcy cases have addressed the retail bankruptcy trend in a unique and (virtually) unprecedented way.

What's New in the Law

A look at key developments in equipment leasing law.

Forest Capital Is It a Case of UCC Article 8 Versus 9?

Institutions that maintain and manage securities accounts for businesses and other customers perform a critical function for the securities and lending…

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When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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Artist Challenges Copyright Office Refusal to Register Award-Winning AI-Assisted Work
Copyright law has long struggled to keep pace with advances in technology, and the debate around the copyrightability of AI-assisted works is no exception. At issue is the human authorship requirement: the principle that a work must have a human author to be eligible for copyright protection. While the Copyright Office has previously cited this "bedrock requirement of copyright" to reject registrations, recent decisions have focused on the role of human authorship in the context of AI.
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Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee
Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."
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Recently Introduced Bill Would Limit ITC 'Domestic Industry by Subpoena'
Patent infringement disputes in the United States are not only heard in district courts. The U.S. International Trade Commission (ITC) also decides high-stakes intellectual property disputes — with the remedy for the IP rights holder not being damages, but rather an exclusion order that can block a competitor's importation of infringing articles into the U.S. That remedy can be incredibly powerful for companies engaged in stiff competition in the U.S. market.
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