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

The 'Representations, Warranties and Covenants' Triumverate
May 02, 2015
Many retail leases contain provisions in which a party to the lease "represents, warrants and covenants" to some proposition. These three terms are often used together, as if the drafter were hoping to cover all bases by the belts-and-suspenders approach. It is quite possible, however, that many attorneys are not sure what bases they actually need to cover, so they throw in all the words just in case.
Is Your TIC Client a Candidate for Conversion to DST?
May 02, 2015
Tenancy in Common (TIC) arrangements are reaching maturity. This article explains the reasons converting to a DST may facilitate a refinancing, and discusses factors to keep in mind when considering the conversion of a TIC to a DST, most notably certain leasing limitations.
Real Property Law
May 02, 2015
Discussion and analysis of several important decisioins.
In the Marketplace
May 02, 2015
Who's going where; who's doing what.
The New York UCC Comes of Age: Redux
May 02, 2015
An update on efforts to bring the New York Uniform Commercial Code (UCC) into the 21st century.
<b><i>In the Spotlight:</i></b> Frustration with ADA Lawsuits
May 02, 2015
There is now a cottage industry surrounding the filing of ADA lawsuits that has spread from Florida and California to the rest of the country. If it is not in your town or your state, it will be soon. Many of these claims are being brought by serial litigants who work frequently with the same lawyers.
Does a Broker's Tail Ever Stop Wagging?
May 02, 2015
A "tail period" is a standard clause in a listing agreement that requires the broker to register certain parties or transactions and a period of time during which the broker shall be protected and recognized as the broker for the transaction, entitled to be paid its commission pursuant to the listing agreement.
Is It Time to Rebuild the U.S. Franchise Regulatory System?
May 02, 2015
If you took a snapshot of all the laws and regulations governing franchising in the United States in 1979, and then took another snapshot of all the laws and regulations governing franchising today, you would find them very similar. While the rest of the world, including franchising, has been dynamic and constantly changing, franchise regulation has been, essentially, static.
Municipal Leasing: Favorite Son or Leasing's 'Red-Headed Stepchild'?
May 02, 2015
This article addresses a few of the primary challenges for traditional leasing companies entering the municipal leasing market.
Survey: Strong Rentals and Equipment Acquisitions
May 02, 2015
According to Wells Fargo Equipment Finance's 2015 Construction Industry Forecast, contractors and equipment distributors remain optimistic regarding the prospects of local, nonresidential construction activity this year and respondents expect a strong rental market and increasing equipment acquisitions.

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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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