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Read Commercial Real Estate Law updates, news, and legal commentary from leading lawyers and law firms:

Franchise Issues in Commercial Leases

Commercial landlords and tenants are already faced with many issues during the course of negotiating a commercial lease agreement. When the tenant is a franchisee, the franchisor’s requirements (as outlined in the franchise...more

Franchisors Should Consider Signing a Conditional Lease Assignment Rather Than a Franchisee’s Lease

by Snell & Wilmer on

In Franchise & High Properties, LLC v. Happy’s Franchise, LLC, a 2015 decision issued by the Court of Appeals in Michigan, the franchisor, Happy’s Pizza Franchise, LLC, signed a five-year lease for the commercial space to be...more

Seven Tips for Food & Beverage Transactions in the Middle East

by King & Spalding on

Parties purchasing Middle East-based companies operating in the retail and wholesale food and beverage sector with a focus on companies in Saudi Arabia and the United Arab Emirates (“UAE”) are facing some common issues....more

Franchising Update

by K&L Gates LLP on

While dispute resolution clauses may be straightforward for domestic franchise agreements as a result of the Franchising Code, dispute resolution clauses can be one of the most neglected provisions in international master...more

Can a Guarantor Waive his Right to a Foreclosure Confirmation Proceeding in Georgia?

by Bryan Cave on

Yes. On Monday, February 22, 2015, in a case closely watched by commercial real estate lenders, borrowers and guarantors, the Supreme Court of Georgia issued its opinion in PNC Bank, N.A. v. Smith, et al., S15Q1445. ...more

The Marriott-Starwood merger – Is bigger really better? Impact of the merger on hotel owners, franchisees and developers

The proposed merger between Marriott and Starwood will, by all accounts, create a behemoth in the hotel industry. If the merger goes through as planned, the combined company will be the world’s largest hotel company, with...more

Hospitality, Food and Beverage Industry Newsletter

by Buchalter on

We are pleased to share the first edition of our Hospitality, Food and Beverage Industry Newsletter with you. This Newsletter addresses important recent legal developments affecting the hospitality and restaurant industry and...more

Asset-Light Strategy Issues in the Development Space

While asset-light strategies have been used for decades in the hotel industry, the strategy and how to implement it are a bit more complicated in the development space, whether for a hotel or time-share company. A typical...more

Would You Like Fries with that Sweater? Retailer and Restaurant Pairings

by Goulston & Storrs PC on

As retailers continue to embrace the omni channel retail experience, our blogging team explores consumer behavior behind the new trends. One topic we have followed lately is the convergence of retail and restaurants. For...more

The shrinking terms of hotel management agreements - Better bargaining position for hotel owners on HMAs

The relationship between hotel owners and managers continues to evolve. Hotel management agreements historically were long-term. Fifty to sixty year terms were common. However, in the last few years, hotel owners have...more

Avoiding and Defending Florida License Tax Audits

by Holland & Knight LLP on

Florida hotels and restaurants are facing license tax audits, assessments and penalties in increasing numbers. A "license" is statutorily defined as the granting of a privilege to use or occupy a building or real property....more

Some Days, A Stay Is Easier to Obtain Than Others

by Pepper Hamilton LLP on

In A&F Enterprises v. IHOP Franchising LLC, 742 F.3d 764 (Seventh Cir. 2014), Chapter 11 debtors appealed a determination that their building leases were deemed rejected because they were not timely assumed. Both the...more

Special Commercial Lease Considerations for Franchisees

by Jaburg Wilk on

Engaging in preliminary discussions and negotiations with prospective landlords for your new franchised business can be overwhelming. There are a multitude of business and legal issues to consider. It may also be...more

Lease Considerations for Franchised Businesses

by Jaburg Wilk on

Franchised businesses pose unique leasing issues that the broker or agent should be aware of at the outset of the representation. The primary difference is that in the franchise context, you will need to satisfy your client,...more

Hospitality And Leisure Franchising And Industry Innovation

by DLA Piper on

Introduction - In previous years this publication has given an insight into the asset light strategies of global hotel operators, an overview of some of the trends in hotel franchising and provided a brief...more

Brand Franchise Issues in Hotel Purchase and Sale Transactions

Key issues for buyers and sellers of branded hotels operating under franchise agreements. Buying or selling a hotel operating under a brand name requires special attention – the existing franchise agreement will be...more

Sandwich Shop Leases - Industry-Targeted Retail Leasing Update

Whether you call them Hoagies, Heroes or Grinders, here are some key lease issues that sandwich shops operators need to think about: - Permitted Use: Your permitted use clause limits what you can do in your premises. ...more

Co-Tenancy Complexities

Tenants seek co-tenancy rights while landlords are reluctant to grant them. Tenants often rely on a certain tenant mix of national or regional tenants to be a draw for customers to visit the shopping center. But what happens...more

Restaurant Leasing - A Menu of Issues

Restaurant leasing involves a host of issues not found in any other transaction. Landlord lease forms typically control all aspects of a tenant's operations, while tenants often want complete freedom to change their business...more

Check Lender Reservations on Hotel Deals: Asset-specific issues prompt a closer look from lenders at hotel collateral

Funding is returning slowly for hotel properties, as many lenders have learned the hard way that hotels can be tricky collateral. Commercial mortgage brokers can expect these lenders to be more cautious when reviewing hotel...more

How to Say Goodbye - Exiting Leases

Non-profits, foundations and other tenants may find themselves leasing more space than they need. Buy-outs, termination agreements, assignments, subleases and constructive eviction may be potential solutions to dealing with...more

7 Legal Steps Needed to Build a New Restaurant

by Gabay Law Group PC on

New restaurant owners can sometime be intimated by the legal process needed to build a new establishment. Here is a general outline of the legal steps required to build and launch a new restaurant....more

Inadvertent franchise relationship: What you should watch for

by Snell & Wilmer on

Originally published in the Colorado Real Estate Journal, July 20, 2011 - August 2, 2011. Franchising, a versatile business model, is not limited to fast-food restaurants. Colorado is home not only to familiar...more

PA Tax Tips: PA Offers Many Production-Based Exemptions

Production-based tax exemptions have saved Pennsylvania businesses billions of dollars. These exemptions are known by various names, including "manufacturing," "processing," "printing," "mining," "R&D," "agriculture" and...more

Georgia Voters Approve Sweeping Overhaul of the State’s Restrictive Covenant Law

On November 2, 2010, Georgia voters approved an amendment to the Constitution of Georgia authorizing new legislation that dramatically changes the State’s restrictive covenant law. As Georgia business owners are well aware,...more

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