News & Analysis as of

Commercial Leases

In Bankruptcy, a Lease Isn't Always a Lease

by Ward and Smith, P.A. on

In In re Price, the United States Bankruptcy Court for the Eastern District of North Carolina recently explored the difference between a “true” lease of personal property and “disguised” financing. Creditors should take heed...more

BGH erklärt sog. Schriftformheilungsklauseln in Gewerberaummietverträgen für unwirksam

by King & Spalding on

Der für das Gewerberaummietrecht zuständige 12. Zivilsenat des Bundesgerichtshofs („BGH“) hat am 27.09.2017 mit einem Paukenschlag die hier beigefügte Entscheidung verkündet, in welchem er zu der seit einigen Jahren...more

Fall 2017 Property Tax and Valuation Topics

by Pullman & Comley, LLC on

Property Assessment Class Action Fails - On previous occasions, the editors of Property Tax and Valuations Topics have noted that Connecticut courts tend to be rather strict in requiring property owners to pursue statutory...more

Encroaching darkness – an intriguing case on rights to light

by Dentons on

In Metropolitan Housing Trust Limited v. RMC FH Co Limited [2017] EWHC 2609 (Ch) the High Court looked at the issue of whether a long leaseholder had the right to release a development site from a right to light. The court...more

The hidden exposure of tenant estoppels and SNDAs

by Thompson Coburn LLP on

You have signed a lease as a tenant. The negotiations were long and convoluted, but the lease has been signed and the space has been built-out. You have moved your company into the space, paid the security deposit, and are...more

Surviving the Retail Shift: Part 4 of a 5 Part Series - Whose Property Is It? What to Do with Personal Property After a Tenant...

by Polsinelli on

As some retail tenants face failing business – or worse, have already shuttered their stores – shopping center owners and managers must deal with the aftermath. The wreckage of a failed retail business often includes the...more

New Experiences, New Retail Opportunities

by Goulston & Storrs PC on

Despite all of the noise about the rise of e-commerce and omni-channel distribution and the demise of brick-and-mortar, 85% of retail sales are still made in physical stores, and physical stores will continue to be at the...more

Focus on Leasing: Existing Equipment Issues

SOMETIMES IT MAKES SENSE TO LOOK EVEN A GIFT HORSE IN THE MOUTH. Existing Furnishings – Sometimes in commercial leasing, landlords will offer to lease a premises with existing equipment left by a prior tenant. It might be...more

NC Oyster and Marine Aquaculture Makes a Splash

by Ward and Smith, P.A. on

North Carolina is prioritizing the marine fisheries and oyster industries to provide growth opportunities for non-urban coastal communities. Activities in the North Carolina House of Representatives and Senate during the last...more

Banking & Financial Services E-Note - October 2017

by Burr & Forman on

After months of wrangling, the U.S. Senate voted to pass substantive and impactful legislation on Tuesday evening regarding the Consumer Finance Protection Bureau. Please see full E-Note for more information....more

Surprises For International Retailers Coming to the USA

by Goulston & Storrs PC on

We are all aware that stateside landlords long for that new, fresh idea—something they can show off at their mall or street location and that can’t be found in every mall in every city in the country. ...more

Surviving the Retail Shift: Part 3 of a 5 Part Series - Coping with Retail Closures and the Evolution of the Shopping Center,...

by Polsinelli on

Shopping centers are not dying. The retail landscape is changing, however, and so too are shopping centers. Retail stores have been closing at a breakneck pace, and Wall Street seems to think the worst is yet to come....more

You have an Environmental Insurance Policy. Do you know what the fine print says?

THINK YOU CAN MAKE A CLAIM ON YOUR ENVIRONMENTAL INSURANCE POLICY? You better read the fine print first. *Due Diligence – The mantra is often repeated - take initiative, be proactive. For a variety of reasons a...more

Medtail: Why Your Doctor Is Treating You in a Strip Mall

by Goulston & Storrs PC on

The retail universe is well aware of the hype that it is only a matter of time until brick and mortal retail succumbs to its online competitors. However, despite the “doom and gloom” we generally see in headlines, retail has...more

A Lesson on Good Faith and Fair Dealing in Solar Construction

Late last year, a federal trial court in New York awarded a solar development company $11.6 million in damages against Suffolk County arising out of a dispute on a multi-site carport solar construction project. The basis for...more

S-corporations – Time to Roll In your Rental-Income Benjamins

by Miles & Stockbridge P.C. on

In Private Letter Ruling 201725022 (the “PLR”), the IRS determined that rental income an S-corporation received from its operations is not passive investment income that would subject the S-corporation to termination. In...more

Issues to Consider in Rights of First Refusal

by Ward and Smith, P.A. on

People often talk about giving or getting a Right of First Refusal ("ROFR") in real estate transactions. But what is a ROFR? A simple definition might be...more

With most businesses back after Harvey & Irma, what to know about what comes next: legal restoration

by Hellmuth & Johnson PLLC on

This blog post is the first in a three part series. The next posts will cover Business Interruption Coverage and Reinsurance. Business owners affected by hurricanes Harvey and Irma spent the first few days and weeks...more

Commercial Real Estate Newsletter - October 2017 (Dutch)

by Dentons on

Valued relationships, We, like many of you, returned from a useful visit to the Munich Expo. It lives and busts again and the agendas were well filled. We also noted that with you. Traditionally, we are looking forward to...more

Thinking Outside the Four Walls of a Premises

by Pepper Hamilton LLP on

Before submitting a letter of intent (LOI) for a new commercial lease, a tenant should consider whether it has special business needs that must be incorporated in the lease. These include lease provisions necessary for the...more

Timing And Buildout Considerations in Lease LOIs

by Womble Bond Dickinson on

Letters of intent (LOI) for leasing space may not be binding contractual documents, but they can set the stage for smooth lease negotiations which result in fewer legal costs, and save you money in the long term by forcing...more

Double Whammy: In a Sweeping New Opinion, the Ninth Circuit Creates a New Mechanism for Completely Wiping Out Unexpired Leases in...

In In re Spanish Peaks Holdings II, LLC, Case No. 15-35572 (9th Cir. Sept. 12, 2017), the Ninth Circuit Court of Appeals held that a bankruptcy trustee may use Section 363(f) of the Bankruptcy Code to sell real property free...more

Is a Cannabis Lease Void as an Illegal Contract?

by Garvey Schubert Barer on

A fundamental rule of contract law is that “illegal” contracts are not enforceable. But what constitutes an “illegal contract”? Generally speaking, an illegal contract is one where the performance of the contract results in...more

Eroding the Majority Rule: Another Circuit Concludes That Lease Can Be Extinguished in Free-and-Clear Bankruptcy Sale

by Jones Day on

The ability of a trustee or chapter 11 debtor-in-possession ("DIP") to sell bankruptcy estate assets "free and clear" of competing interests in the property has long been recognized as one of the most important advantages of...more

Leases

by Blank Rome LLP on

CASE LAW DEVELOPMENTS - This survey covers a number of cases decided in 2016 involving disputes between parties to equipment financing transactions or with third parties regarding the transactions or the related equipment....more

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