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We found 2,414 results for "Commercial Leasing Law & Strategy"...

New Commercial Tenant-In-Common Can Modify Loan Terms In Bankruptcy, Even If Not a Party
December 01, 2024
In a recent decision, the U.S. Bankruptcy Court for the District of Massachusetts held that a mortgagee holds a claim that could be modified by a Chapter 11 plan even if the debtor was not indebted under the mortgage.
Hospitality Performance Tests In the Real World
December 01, 2024
Hotel management agreements often contain language permitting a hotel owner to terminate if the hotel’s performance fails to meet certain financial metrics. This provision, colloquially referred to as the “performance test,” is touted as a form of protection for owners by providing a right to terminate (or to receive a “cure payment”) if the hotel underperforms. But the reality is performance tests are generally structured to make them difficult, if not impossible, to fail, leaving hotel owners without the financial protection they thought they bargained for — or worse.
The Risks of Office-to-Residential Conversions
December 01, 2024
Office-to-residential conversions present significant challenges to owners and developers that arise from the interrelationship among the regulatory regime, the legal restrictions and requirements of the site and the physical requirements of conversion; the resulting incremental cost of conversions mean that many potential conversions just do not pencil out.
High National Debt Is Bad for CRE
December 01, 2024
The federal debt is a huge number at $36 trillion. That has major implications for the government and the economy. Debt numbers this large automatically send out ripples the size of tsunamis. Some of them could wash over long-term Treasury yields and then flood the cost of commercial real estate capital.
'Melendez/Bochner': No Guarantee the Guaranty Law Survives Constitutional Scrutiny
November 25, 2024
After nearly four years of litigation, the Second Circuit held recently that a small commercial landlord lacked standing to seek declaratory relief against the City of New York challenging the Guaranty Law under the Contracts Clause of the U.S. Constitution.
Preserving Bargained for Contractual Entitlements In a Cure and Reinstate Plan
November 01, 2024
This article focuses on the cure requirement under Section 1124(2)(A), highlights how courts have interpreted the interplay between Section 1124(2)(A) and related Bankruptcy Code provisions, and suggests best practices to ensure that creditors are not leaving money on the table.
Slight Decrease In Commercial Foreclosures Hints at Market Stabilization
November 01, 2024
While the commercial real estate market faced significant headwinds in 2024, recent data suggests that the tide may be turning. The combination of lower interest rates, a decline in foreclosures, and improving market conditions offers a glimmer of hope for property owners and investors alike.
Real Property Law
November 01, 2024
Scouting Organization's Adverse Possession Claim Against County Land Fails Easement Not Subject to Termination Under RPAPL 1951 Doctrine of Emblements Might Sustain Former Tenant's Claim to Crops Church Property Tax Exempt Because Town Did Not Establish Zoning Violation
Law Firm Real Estate: Attorney Offices Are Out, Conference Rooms Are In
November 01, 2024
Law firms are navigating a paradigm shift in how they approach office space. With the rise of flexible workplaces, firms are finding that when their attorneys do come into the office, the main goal is to connect and collaborate with peers — and this shift has transformed how law firms address their real estate needs.
Leveraging Qualified Opportunity Funds to Minimize Tax Liability
November 01, 2024
As the year winds down, savvy real estate investors are searching for ways to minimize their tax liability. One powerful strategy to consider is the qualified opportunity fund (QOF), offering significant tax advantages while promoting long-term growth.

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  • Understanding the Potential Pitfalls Arising From Participation in Standards Bodies
    Chances are that if your company is involved in research and development of new technology there is a standards setting organization exploring the potential standardization of such technology. While there are clear benefits to participation in standards organizations — keeping abreast of industry developments, targeting product development toward standard compliant products, steering research and intellectual property protection into potential areas of future standardization — such participation does not come without certain risks. Whether you are in-house counsel or outside counsel, you may be called upon to advise participants in standard-setting bodies about intellectual property issues or to participate yourself. You may also be asked to review patent policy of the standard-setting body that sets forth the disclosure and notification requirements with respect to patents for that organization. Here are some potential patent pitfalls that can catch the unwary off-guard.
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