This Very Curious Real Estate Cycle
May 01, 2016
Every commercial real estate cycle is basically the same ' including that point, somewhere in the mid to end of the cycle, at which people become convinced that this one will be different for some specific reason. And here we are at that point again.
The Covenant of Quiet Enjoyment
May 01, 2016
Although in many states the covenant of quiet enjoyment is implied in a commercial real estate lease, a landlord can limit its responsibilities and reduce its exposure by narrowing the scope of the covenant in the lease agreement.
Insurance for Projects
April 01, 2016
By using various insurance products now available in the market, many project finance developers have been able to change previously sub'investment-grade risks into more highly rated transactions, thus opening them up to classes of lenders that otherwise would not be able to provide the debt for such transactions.
Building Class Standards in Commercial Leasing
April 01, 2016
This article explores the standards by which office buildings are compared to one another and the significance of those standards and comparisons in commercial lease transactions.
Class-Action Arbitrations in Oil and Gas Leases
April 01, 2016
On Jan. 5, the Third Circuit issued a decision answering the question of whether language in an arbitration clause referencing "the rules of the American Arbitration Association" was sufficient to rebut the presumption that the court, not the arbitrator, decided whether a class action arbitration was agreed to by the parties.
Limiting the Covenant of Quiet Enjoyment
April 01, 2016
Landlord shall assure Tenant of quiet enjoyment and possession of the Premises, and Tenant shall enjoy all rights herein granted without interference." This type of clause, in one form or another, is likely to be found in any commercial lease. This article discusses some considerations for drafting this covenant, including ways by which a landlord may limit its scope.
<b><i>In the Spotlight:</i></b> Exclusive Use Provisions
April 01, 2016
When grocery store giant Winn-Dixie Stores Inc. found itself in competition with dollar stores that were leasing premises in the same shopping complexes, it brought suit for violation of exclusive-use provisions in its leases. The surprise was that Winn-Dixie sued not its landlords, but the three dollar store chains operating in the pertinent 100+ shopping centers!
Leading the Law Department: Hire the Best
April 01, 2016
For the inside counsel revolution to succeed, the General Counsel must follow a basic dictum: Hire the best. The key to the legal function's credibility with the CEO and senior line executives is to seek broad-gauged lawyers who are outstanding technical experts, wise counselors and effective leaders to occupy the top specialists jobs in the company and to be general counsel in the main operating divisions.
