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We found 2,414 results for "Commercial Leasing Law & Strategy"...

Commercial Lease Claims and Environmental Cleanup Claims In Bankruptcy Law
November 01, 2025
In this article, we report on two recent decisions. One involves the calculation of landlord damage claims under Section 502 of the Bankruptcy Code, and the other involves whether environmental clean-up claims under federal and state law for commercial real estate were discharged under a confirmed Chapter 11 plan.
What Award-Winning Firms Know About Equipment Strategy
October 31, 2025
Technology infrastructure now defines how law firms deliver service, manage compliance, and compete for clients. The most forward-looking firms are not just upgrading systems; they are transforming how they plan, finance, and govern their technology investments.
Commercial Real Estate Leases and Disposition of Environmental Claims
October 31, 2025
Since enactment of the Bankruptcy Code, certain types of claims continue to be vigorously litigated, perhaps because adjudication requires a fact-intensive analysis by the court. In the commercial real estate sector, such examples include landlord-tenant commercial real estate lease claims and the disposition of environmental cleanup claims under state and federal law.
Making the Case for ‘Time Is of the Essence’ Closings
October 31, 2025
The circumstances attending each purchaser’s or seller’s failure to close on the Time Is of the Essence closing date is always unique, and this has resulted in an innumerable variety of judicial decisions applied to ever-changing real estate scenarios.
Exploring the Passive Loss Tax Exemption for ‘Real Estate Professionals’ In the OBBBA
October 31, 2025
One often-overlooked provision that was made permanent by the One Big Beautiful Bill Act could have a significant negative impact on certain taxpayers, particularly those in the rental real estate industry. Many rental real estate owners qualify for the real estate professional exception and thus are not subject to the passive loss rules.
Liability Management Exercises: Lender On Lender Violence?
October 31, 2025
Liability management exercises (LMEs) have gained considerable attention during the past few years. Whether intended for good purposes or not, LMEs have significantly disrupted the traditional loan business through aggressive priming and subordination tactics — leading some to characterize this phenomenon as lender-on-lender violence.
Real Estate Practice On the Rise As Clients Commit to AI Data Centers and Office Space
October 31, 2025
Several real estate practice leaders in Big Law are reporting a surge in activity, as their clients commit to more acquisitions, leasing, development and finance deals related to AI data centers and office spaces. As a result, law firm leaders say they are growing these practices with attorney hires.
Key Legal Considerations of Structuring Real Estate Deals As Ground Lease or Sale
September 30, 2025
When it comes to structuring a real estate deal, one of the most fundamental questions is whether the land should be leased under a long-term ground lease or sold outright. At first glance, the distinction may seem simple: a ground lease allows a landowner to retain ownership, and the tenant is permitted to use and improve the land, while a sale conveys fee title to the purchaser. But the legal, financial, and practical consequences of this choice are significant and can shape the future of a property for decades.
Florida’s Elimination of Sales Tax On Commercial Real Estate Leases Changes Landscape
September 30, 2025
Florida House Bill 7031, eliminating the state’s sales tax on commercial real estate leases beginning Oct. 1, 2025. This long-awaited and sweeping reform ends Florida’s reign as the only state in the nation to impose such a tax and marks a sea change in the state’s commercial leasing landscape.
Sale-Leaseback Transactions: Structure, Advantages, Risks and Legal Considerations
September 30, 2025
In today’s economic landscape, many businesses are turning to alternative financing models to access liquidity without disrupting operations. One such strategy — once a niche transaction type, now in the mainstream of real estate finance — is the sale-leaseback. This financial mechanism allows property owners to leverage real estate equity while continuing to occupy and operate their properties.

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  • Navigating the Attorney-Client Privilege and Work Product Doctrine in Bankruptcy
    When a company declares bankruptcy, avoidance actions under Chapter 5 of the Bankruptcy Code can assist in securing extra cash for the debtor's dwindling estate. When a debtor-in-possession does not pursue these claims, creditors' committees often seek the bankruptcy court's authorization to pursue them on behalf of the estate. Once granted such authorization through a “standing order,” a creditors' committee is said to “stand in the debtor's shoes” because it has permission to litigate certain claims belonging to the debtor that arose before bankruptcy. However, for parties whose cases advance to discovery, such a standing order may cause issues by leaving undecided the allocation of attorney-client privilege and work product protection between the debtor and committee.
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  • Revised Proposal: Understanding the Interagency Statement on Complex Structured Finance Activities
    Many U.S. financial institutions that have participated in equipment leasing transactions (particularly in the large-ticket and municipal markets) in the last 20 years will be keenly aware that as the structures grew ever more complicated, Congress and the federal regulatory agencies grew intensely interested. Whether the institution had a major role in the transaction or simply provided a service, some degree of scrutiny could be expected, often in conjunction with a tax audit of its client. The risks to financial institutions from participating in complex structured finance transactions of all types became a source for concern for banking and securities regulators. The principal federal regulators responded in 2004 with a proposal that financial institutions investigate, and bear responsibility for evaluating, the legal, tax, and accounting basis of their clients' complex structured finance transactions. The goal: to limit the institutions' own credit, legal, and reputational risk from such participation.
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