News & Analysis as of

Commercial Leases Uniform Commercial Code (UCC)

Cole Schotz

New Jersey to Allow Private Code Inspectors to Pick Up the Slack

Cole Schotz on

Are you a New Jersey property owner or developer being ignored by an overwhelmed municipal building code inspector? Well, New Jersey has just passed a law that will provide you – and local officials – with some relief....more

Whitman Legal Solutions, LLC

How Contracts End – Planning for Contract Termination and Beyond

This article discusses termination provisions parties should consider when they enter into a contract, the contract termination process, and when parties should consider post-termination obligations....more

Williams Mullen

Commercial Lease Enforcement in Virginia during the COVID-19 Pandemic

Williams Mullen on

While it is clear that the current COVID-19 crisis has touched every part of society and the economy, the governmental response and protections have not been uniform. The federal, state and local guidance has largely focused...more

Bricker Graydon LLP

Ohio Supreme Court rejects bondholders suit against trustee for compensation of losses

Bricker Graydon LLP on

In its opinion in Paul Cheatham I.R.A v. The Huntington National Bank, issued on August 22, 2019, the Ohio Supreme Court held that, absent an express assignment of claims, purchasers of distressed bonds do not have a right to...more

Pillsbury Winthrop Shaw Pittman LLP

New York Bankruptcy Court Strikes Liquidated Damages Provision and Related Guarantee as Unenforceable Penalty

New York bankruptcy court cautions against liquidated damages provisions that are “invariant to the gravity of the breach.” Liquidated damages provisions must be based on a “causal link” between the anticipated harm and...more

Blank Rome LLP

Leases

Blank Rome LLP on

TRUE LEASE V. DISGUISED SECURITY INTEREST - The characterization of a transaction as either a true “lease” or a secured transaction is likely to impact the putative lessor’s rights and remedies both with respect to the...more

Troutman Pepper

Loan to Own: A Potpourri of Bankruptcy Attacks

Troutman Pepper on

Colony Beach & Tennis Club Ass’n, Inc. v. Colony Lender, LLC (In re Colony Beach & Tennis Club, Inc.), 508 B.R. 468 (Bankr. M.D. Fla. 2014) – Three affiliated debtors (RMI, CBTC and CBI) proposed a plan of...more

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