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We found 2,403 results for "Commercial Leasing Law & Strategy"...

<b><i>In Re Revel AC, Inc.:</i></b> The Third Circuit's Roadmap Around Equitable Mootness
December 31, 2015
Recently, in <I>In re Revel AC, Inc.</I>, the Third Circuit provided guidance on "how to conduct a balancing of the stay factors." While the court's analysis in <I>Revel</I> was not a shocking revelation, it provides significant guidance on the most effective way to avoid losing appeal rights to the hard-to-pin-down doctrine of equitable mootness.
Leasing and Finance Industry Economic Outlook
December 31, 2015
The Equipment Leasing &amp; Finance Foundation's 2016 Equipment Leasing &amp; Finance U.S. Economic Outlook reports that investment in equipment and software is expected to grow by a modest 4.4% in 2016.
The Voluntary Payment Doctrine Strikes Again
December 31, 2015
The voluntary payment doctrine, which supposedly bars a party from recovering payments made erroneously but voluntarily, has reared its head once again in the real estate context, this time in <I>Drmak Realty, LLC v. Progressive Credit Union.</I>
Anonymous LLC Ownership
December 31, 2015
Recently, local, national and international governmental entities, as well as non-profit watchdog organizations, are increasingly focused on greater real estate ownership transparency, primarily to address concerns regarding the circumvention of anti-money laundering and counter-terrorism financing measures.
Rising Rents Push Techs to Key Markets
December 31, 2015
For years, technology firms and startups flocked to Northern California, but according to Jones Lang LaSalle's (JLL's) 2015 U.S. Technology Office Outlook, these companies have started to plant roots in markets across the nation.
Restaurant Leasing
November 30, 2015
This article highlights a variety of lease provisions that are particularly germane to restaurant tenants.
Drafting a DST Master Lease
November 30, 2015
In a follow-up to their article published in the May Issue, the authors discuss some considerations for drafting master leases for DSTs utilized in like-kind exchanges.
Construction Chargebacks: The Hidden Costs
November 30, 2015
Virtually every retail lease contains what is commonly referred to as the "Construction Exhibit." This article addresses the manner in which retail leases attempt to assess construction chargebacks, and discusses how a tenant should address them in its comments to the landlord's draft of a retail lease.
<b><i>In the Spotlight:</i></b> Does a Tenant's Right of Possession Trump a Sale Under Section 363?
November 30, 2015
The interplay between '' 363(f) and 365(h) of the Bankruptcy Code continues to plague various courts. This article explores several recent decisions evaluating whether a tenant's rights under ' 365(h) survive a sale of the debtor's assets free and clear of all liens, claims, and encumbrances pursuant to section 363(f).
Development
November 30, 2015
Discussion of three major rulings.

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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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