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

How Do You Know When Your Loss Ensues?
July 02, 2015
The effect an ensuing loss provision is that ensuing losses stemming from uncovered events will be covered, as long as such losses would otherwise be covered under the policy. Consequently, an understanding of the provision is vital to commercial property landlords and tenants.
Enforceability of Co-Tenancy Remedies
July 02, 2015
On Jan. 12, 2015, a California Court of Appeal held unenforceable a co-tenancy provision in a retail lease that allowed the tenant to accept possession of the premises but thereafter have no obligation to pay rent or open for business, even though the provision had been negotiated by two sophisticated parties with leasing expertise.
Landlord & Tenant
July 02, 2015
A look at a cases involving Section 8 benefits, a guarantor moving for summary judgment, and a summary nonpayment proceeding.
Financing Accessions: A Real-World Analysis in Question and Answer Format
July 02, 2015
As many lenders and lessors have discovered, financing a unit that will be attached to equipment financed by another lender can be more challenging than it appears. Especially if the other item is a titled motor vehicle.
<b><i>In the Spotlight: </i></b>Navigating the Long-Term Ground Lease/Turnkey Sublease Transaction
July 02, 2015
For many reasons ' ranging from local custom to estate planning to tax considerations ' the most desirable real property is often available only through long-term ground leases and is usually developed and subleased to retail tenants. The long-term ground lease turnkey sublease transaction (referred to in this article simply as the "Turnkey Sublease") is thus a much-used device.
The Exit Strategy
July 02, 2015
This article addresses different ways that typical issues can be addressed by tenants in order to create "exit strategies" for their lease obligations.
In the Marketplace
June 02, 2015
Who's going where; who's doing what.
Enforceability of Co-Tenancy Remedies
June 02, 2015
A recent California Court of Appeal decision provides useful guidance about the likely enforceability of remedies that are often negotiated into co-tenancy and other lease provisions.
Landlord & Tenant
June 02, 2015
Discussion and analysis of several pivotal cases.
Broker Lien Laws
June 02, 2015
Today, 34 jurisdictions have some form of statute that specifies whether, how, and for what a broker may file a lien for the non-payment of a commission in connection with the sale or lease of commercial real estate. A few states simply give brokers the right to file liens under mechanics' lien statutes, but more than 30 have enacted broker-specific lien laws.

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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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