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The Repair and Maintenance Gap
May 24, 2013
Many commercial leases have what can be called a "repair and maintenance gap." This gap is created when the lease specifies certain repairs and maintenance for which each of the tenant and the landlord are responsible, but then is silent on others.
In the Spotlight: The Assignment Provision
May 24, 2013
Tenants are accustomed to negotiating assignment provisions heavily as they relate to a third-party transfer. However, the effects that such provisions can have on a tenant's corporate autonomy are often overlooked.
Areas of Concern When Leasing Previously Improved Space
May 24, 2013
Quite often, prospective tenants are considering leasing space that has been improved by former tenants. This article addresses certain concerns, and ways in which prospective tenants can seek to reduce their risk.
In Pari Delicto Not a Bar to a Bankruptcy Trustee's Recovery
May 24, 2013
Bankruptcy trustees are particularly susceptible to in pari delicto</I> when pursuing certain claims against third parties, as the debtor's own culpability may bar recovery.
When Worlds Collide
May 24, 2013
The first part of this article discussed the collision of the bankruptcy and public finance worlds, and the damage caused to bondholders and their respective professionals. The discussion concludes herein with a look at two additional rulings.
The Evolution of New Value Plans
May 24, 2013
A recent decision by the Seventh Circuit Court of Appeals, <I>In re Castleton Plaza, LP</I>, has put into question the application of the new value corollary in future Chapter 11 cases.
'Immediate and Appropriate Corrective Action'
May 24, 2013
Most employers know of their obligation to take immediate and appropriate corrective action to prevent harassment in the workplace. But this obligation extends to preventing harassment by <I>non-employees,</I> including, for example, customers, patients, and university students.
Online Extra: Juror's Online Research Forces New Trial
May 23, 2013
Jurors who improperly search the Internet for information about the trial they're hearing are a growing problem for lawyers and judges.
June issue in PDF format
May 20, 2013
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Secured Lender's Loss of Possessory Lien Affirmed
May 20, 2013
The U.S. Bankruptcy Appellate Panel for the Eighth Circuit held on March 25, 2013, that a lender "lost its possessory lien when it turned the Debtor's account funds over to the Trustee without first seeking adequate protection.

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