We found 2,436 results for "Commercial Leasing Law & Strategy"...
Franchising in Russia
January 31, 2015
While international franchising always brings a host of issues and complications, importation of franchise concepts into Russia highlights some critical issues and some lessons for international franchising in a broader context.
Intercreditor Agreements
January 31, 2015
This is the sixth (and final) article in a series covering various aspects of intercreditor agreements.
The Implied Covenant of Good Faith and Fair Dealing Under U.S. Law
January 31, 2015
When circumstances change, parties to an agreement often find that the agreement does not cover the exact situation they are now facing. Instead, depending on how their contract is interpreted, one of the parties may be able to take advantage of the contractual silence or ambiguity and act in a way that causes detriment to the other.
Why Social Media Should Not Be Ignored
January 31, 2015
At the annual Equipment Leasing and Finance Association's (ELFA) Convention this past October, the social media panel discussion was surprisingly well attended. Such interest was unexpected because there are many industry executives who still don't see the value of including social media in their business communications mix. But, they should not ignore it, and this article will explain why.
<i>In the Spotlight:</i> The Diminishing Value of Depreciation Defenses
January 31, 2015
Although the value of a third-party liability insurance claim often can be determined in a straightforward way by simply adding the amount of a judgment or settlement to the costs of defending the claim, the amount of a first-party insurance claim may be subject to varying valuation approaches. .
<i> 'Momentive'</i> Provides a Reminder About Intercreditor Agreements
January 31, 2015
The growth in mezzanine and junior financing has spawned a rise in litigation over lien intercreditor agreements ' agreements between creditors that govern their relative rights and remedies with respect to shared collateral.
A Different Kind of Fee-Shifting Contract Clause
January 31, 2015
Contracts often include a fee-shifting provision based on who ultimately prevails in a lawsuit. The idea, of course, is both to deter marginal litigation and, in all circumstances, to provide the prevailing party with compensation for the substantial fees and expenses that often attend litigation.
Commercial Lease Diligence
December 31, 2014
This article reviews the recommended due diligence efforts of the purchaser's counsel with respect to leased commercial property, and elaborates on the pre- and post-closing rationales for completing such diligence review.
The Enforceability of No-Waiver Provisions in Commercial Leases
December 31, 2014
When faced with the argument that it has violated its lease, a commercial tenant often takes the position that the landlord, by its conduct and/or inaction, has waived such alleged breach. Anticipating such arguments, commercial landlords frequently insert "no waiver" provisions into their leases.
Strategies for Assessing Tenant Credit
December 31, 2014
When considering a lease, tenants are usually focused on the location, size and quality of the leased space, and perform some minimal diligence on the landlord and property manager to ensure fair treatment over the course of the term. Landlords have a more difficult task, however.
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- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›