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Commercial Leases

Dickinson Wright

Commercial Lease Modifications: Why Oral Agreements Don’t Hold Up in Court

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Most people likely understand the risks of trying to rely on an oral agreement to vary the terms of a commercial lease. Nonetheless, parties often get into disputes over whether there was an oral agreement that varied the...more

Rivkin Radler LLP

Landlord Considerations When Navigating Personal Guarantees in Bankruptcy

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When a business leases commercial space, it is common practice for the landlord to request that the company provide a personal guaranty, a protective measure taken to ensure landlords have recourse against a commercial lessee...more

Kohrman Jackson & Krantz LLP

Supreme Court Review of Trademark Infringement and Corporate Separateness under the Lanham Act

The US Supreme Court granted certiorari to review the 4th Circuit’s damages ruling in Dewberry Engineers v. Dewberry Group, which offers a unique examination of corporate separateness and the protection of trademarks under...more

Arnall Golden Gregory LLP

How Detailed Site Plans and Letters of Intent Can Streamline Your Lease Negotiations

As leases get more complicated and less standardized, and with properties rarely conforming from one to another, there are two documents that can hasten the successful negotiation process and achieve a document that can best...more

BCLP

Business Rates and the Bar - Occupation, Purpose and Trust in a Set of Chambers

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In the recent case of Prosser v Ricketts [2024] UKUT 264 (LC), the Upper Tribunal Lands Chamber (UT) had to decide whether barristers’ chambers rooms should be treated as a collective, single unit for business rates purposes,...more

DLA Piper

“Greening” Your Leases: The Cornerstone of Climate Resilience and Readiness in Commercial Real Estate

DLA Piper on

Many large companies have reported that they are not sufficiently prepared to meet emerging climate-risk reporting and verification requirements, or prepared to take advantage of climate-related opportunities, according to a...more

Lowndes

Navigating the Pitfalls of Exclusive Use Clauses

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In the July/August 2024 issue of the American Bar Association’s Probate & Property Magazine, attorneys Alvin Miester III and Jonathan B. Cerise prepared an excellent article titled “Protecting Against Competition: Exclusive...more

Stoel Rives LLP

What Landlords Should Know When Restaurant Tenants Go Under

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As anyone who has watched FX’s The Bear knows, running a restaurant is hard work. When restaurants occupying leased commercial space fail, commercial landlords need a gameplan to protect their interests. Some key...more

Burr & Forman

Important Update: Florida Sales Tax Reduction on Commercial Leases

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As of June 1, 2024, the State of Florida reduced the state sales tax rate on commercial real property lease payments from 4.5% to 2%. All commercial leases with an occupancy period that started on or after June 1, 2024 will...more

Katten Muchin Rosenman LLP

UK Financial Insights from Katten | Issue 13

UK Financial Insights from Katten is a monthly newsletter highlighting key noteworthy developments potentially affecting financial markets and funds in the UK and Europe....more

Perkins Coie

Full Speed Ahead—BOEM’s Offshore Wind Leasing Strategy Sailing Toward Full Implementation in 2024

Perkins Coie on

Notwithstanding supply chain challenges, canceled power purchase agreements, and general economic and political uncertainty, the Bureau of Ocean Energy Management (BOEM) has continued its push to implement its renewable...more

Paul Hastings LLP

Reform Attempt to Soften the Written Form Requirement for Commercial Lease Agreements

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Lease agreements with a term of more than one year are currently subject to a written form requirement under the German Civil Code. For years, there have been ongoing discussions about a potential abolition of the written...more

Davies Ward Phillips & Vineberg LLP

Canadian Competition Bureau Stakes Out Aggressive Stance on Property Controls in Preliminary Enforcement Guidance

Following the Canadian Competition Bureau’s 2023 Retail Grocery Market Study in which it recommended that provincial and territorial governments take measures to limit property controls in the grocery industry, including...more

Holland & Knight LLP

Federal Real Estate in a Turbulent Market, Part II

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This is the second of a two-part series addressing special considerations for government lessors in the current commercial real estate market. Part I addressed the risks posed by government downsizing and early lease...more

Bowditch & Dewey

Top Considerations When Preparing to Sell a Company

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Have you received an offer to buy your company? Congratulations! But there is work ahead. The first step is to understand the specific deal structure, be it an asset sale, equity sale or merger. The owners should also work...more

Tonkon Torp LLP

Has the Commercial Real Estate Market Hit Bottom Yet?

Tonkon Torp LLP on

On July 17, 2024 I attended a webinar hosted by First American Title about the commercial real estate (CRE) market in transition. Here are some important takeaways. In the overall economy, inflation peaked in the summer of...more

Holland & Knight LLP

Be on the Lookout for Substantial Tax Adjustment Underpayments from GSA

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Landlords of General Services Administration (GSA) property in Zone 2 should be on the lookout to ensure that the administrators have correctly calculated the entitlement to a tax adjustment. Upon review, it appears that...more

Nutter McClennen & Fish LLP

Tenant’s Rights When Its Commercial Landlord Seeks Chapter 11 Protection

Financial distress persists in the commercial real estate market, raising the prospects that property owners and landlords could seek relief under chapter 11 of the Bankruptcy Code. The Bankruptcy Code contains numerous...more

Epstein Becker & Green

Importance of Negotiating Surrender Provisions in Health Care Leases

In our ongoing series of blog posts, we examined key negotiating points for tenants in triple net health care leases....more

Kramer Levin Naftalis & Frankel LLP

Local Law 97 Building Compliance Brings a New Layer of Economic Implications to CRE Transactions and Lease Negotiations

While Local Law 97 passed nearly five years ago, it officially went into effect earlier this year. Part of the broader Climate Mobilization Act designed to significantly decrease New York City’s carbon emissions, Local Law 97...more

Katten Muchin Rosenman LLP

Navigating Break Clauses in Commercial Leases: How to Avoid Breaking Bad

Exercising break clauses in commercial leases can often prove to be a legal minefield for any tenant (and, in some cases, a landlord) seeking to do so. Strict adherence to any conditions and notice requirements for the...more

Pullman & Comley, LLC

Important Lease Concepts Restaurateurs Should Know

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As all restaurateurs know, a good location is an essential ingredient in any recipe for long-term success. But controlling costs is also a key factor. Renting your location—rather than actually purchasing real estate...more

McGlinchey Stafford

Podcast: Securing Retail Space for Your Cannabis Business [More with McGlinchey, Ep. 68]

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This is the second episode in More with McGlinchey's two-part series on the ins and outs of retail space in the cannabis industry. Obtaining retail space for any small business is a big move. There are many issues to...more

Hinckley Allen

Big Box Bankruptcies: Challenge and Opportunity

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The surge of big box store closures this year has left many storefronts empty across New England. With almost 3,200 chain closures nationwide since the start of the year, some landlords are seizing this opportunity to change...more

Akerman LLP

Miami-Dade County Adopts Ordinance Enacting Disclosure Requirements for Sellers/Lessors of Properties Containing Grease Traps

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All sellers or lessors of properties containing Fats, Oils, and Grease (FOG) generators, as defined in section 24-5(113) of the Code of Miami-Dade County (Code), are now required to disclose, at the time of conveyance or...more

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