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We found 2,419 results for "Commercial Leasing Law & Strategy"...

Work Letter 'What Ifs'
April 02, 2017
<b><i>Part Two of a Two-Part Article</b></i><p>Landlords and tenants enter into agreements, known as "Work Letters," delineating their respective rights and obligations with regard to tenant and landlord improvements. As with any other portion of the lease, complications can develop, so addressing potential Work Letter issues within the contract can pay dividends down the road.
<b><i>Yellowstone</i></b> Injunctions When Prompt Cure Is Impossible
April 01, 2017
Most real estate practitioners are well acquainted with the <b><I>Yellowstone</I></b> injunction and its importance in preserving the status quo while allegations that a commercial tenant has breached its lease are litigated. But the third Yellowstone prong — timeliness of the motion — is especially important.
Challenges in Drafting a Restaurant Exclusive Use Clause
April 01, 2017
The reasonable and typical middle ground in the struggle between the parties regarding the scope of the "exclusive" is to protect only a tenant's "core" or "primary" business. Using such an approach, if properly drafted, will allow the tenant to avoid the two-coffee-shop situation, but will still permit the landlord to lease to multiple tenants with overlapping but not fundamentally competing uses.
Creditor Exclusion<br><b><i><font="-1">The Perils of D&O Coverage</b></i></font>
March 02, 2017
The U.S. Court of Appeals for the Fifth Circuit recently held that a Creditor Exclusion provision in D&O insurance policies may result in significant limitations on the coverage provided to the D&Os when the underlying dispute is with a creditor acting in its creditor capacity.
Landlord Harassment of Commercial Tenants<font="-1"><b><i>What Can Be Done?</b></i></font>
March 02, 2017
<b><i>Part One of a Two-Part Article</b></i><br>Landlord harassment of tenants is a common problem, not only in the housing arena, but also in the commercial leasing sector. Certainly, landlords often have good reasons to be angry with their tenants. However, a landlord that resorts to bullying tactics does so at its own risk.
Landlord Solutions For Avoiding Uncertainty
March 02, 2017
<b><i>Key Considerations When Negotiating Personal Guarantees to Commercial Real Estate Leases</b></i><br>In today's commercial real estate market, uncertainty is about the only real thing that is certain. In this period of flux, where landlords no longer enjoy the same position of strength and leverage they once had over prospective tenants, it is critical to try and negotiate independent guarantees that best suit each particular deal and (hopefully) hedge against the downside of a potential tenant default and resulting litigation.
The Digital Transformation of Equipment Financing<br><b><i><font="-1">Beyond eLeasing and eSignatures</b></i></font>
March 02, 2017
The ever-increasing popularity of digital electronic signatures (eSignatures) for entering into equipment leasing and financing transactions without the use of paper documents (eLeasing) is compelling lessors, banks and others competing in the market for equipment financing to re-evaluate and transform the structure of their entire operating platforms.
Top 10 Equipment Acquisition Trends for 2017
March 02, 2017
Compiled through industry research, industry participants' expertise and ELFA member input, the trends are designed to help businesses and other organizations as they execute their equipment acquisition strategies during the coming year.
Long-Term Leases In PA
March 02, 2017
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
March 01, 2017
Good Guy Guarantees are designed to ensure that defaulting commercial tenants leave the premises promptly, avoiding loss of rental income to landlords. However, in <i>Bri Jen Realty Corp. v. Altman</i>, the Second Department construed a Good Guy Guarantee to hold a guarantor liable for rent for 11 months after tenant surrendered the premises.

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  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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