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  • Article

    Would You Like Toppings On That Lawsuit? Exclusive Use Provisions In Retail Leases

    One of our favorite retail leasing issues involved whether a landlord could lease to a froyo shop in the face of an exclusive use provision previously given to an ice cream store.
    United StatesReal Estate and Construction
    Thompson Coburn LLP
    Thompson Coburn LLP
  • Article

    You Should Carefully Review A Commercial Lease Before Signing It

    Looking for the perfect place to lease can be a frustrating affair.
    United StatesReal Estate and Construction
    Goodsill Anderson Quinn & Stifel
    Goodsill Anderson Quinn & Stifel
Article

Bad News for Debtors in Single Asset Real Estate Chapter 11 Cases: The Buttermilk Towne Center Decision Prohibiting Use of Postpetition Rents

The Bankruptcy Appellate Panel for the Sixth Circuit Court of Appeals recently issued an opinion of importance in bankruptcy cases involving commercial real estate as the debtor's only asset, such as a shopping center or office building.
United StatesStrategy
Barnes & Thornburg LLP
Barnes & Thornburg LLP
  • Article

    Tenant Improvement Costs Aren’t Rental Income To Lessor

    Certain payments made by a lessee to reimburse the lessor for tenant improvement costs above an agreed-upon allowance were not rental income to the lessor.
    United StatesTax
    Grant Thornton LLP
    Grant Thornton LLP
  • Article

    Using The Pandemic To Reduce Ohio Real Property Taxes

    Special valuation complaints asserting value for tax year 2020 as of October 1, 2020 due to pandemic-related circumstances must be filed on or before August 25, 2021.
    United StatesTax
    BakerHostetler
    BakerHostetler
  • Article

    Combining The Energy Credit With New Markets Tax Credits

    Section 48 of the Internal Revenue Code of 1986 provides for a credit equal to a percentage of the cost of new equipment for the generation of renewable energy, including solar energy used to produce electricity
    United StatesEnergy and Natural Resources
    Butler Snow LLP
    Butler Snow LLP
  • Article

    Sustainable Energy & Infrastructure M&A Activity — March 2025

    BlueDot Photonics, a developer of solar energy devices designed to improve solar panel performance and durability, was acquired by UbiQD, a development stage corporation, for an undisclosed amount.
    United StatesEnergy and Natural Resources
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    Texas Legislature Passes Decommissioning Statutory Requirements On Wind Energy Land Leases

    The Texas legislature recently passed House Bill 2845 modifying Section 301 of Title 6 of the Texas Utilities Code to impose statutory decommissioning requirements on any person.
    United StatesEnergy and Natural Resources
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Official Committee Of Unsecured Creditors v. T.D. Investments, LLP (In Re Great Lakes Quick Lube LP)

    The Seventh Circuit reverses the bankruptcy court's judgment dismissing the committee's fraudulent and preferential transfer claims. The committee brought the claims against the debtor's landlord.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Stoll Keenon Ogden PLLC
    Stoll Keenon Ogden PLLC
  • Article

    When Fido Becomes Family: Insurance Industry Is Impacted By New Trends In American Pet Ownership

    The verdict is in: Americans view pets as family. 70% of American households (90.5 million families) own a pet, and 57% of millennials own a dog, some even choosing to have a fur family over a traditional family.
    United StatesInsurance
    Freeman Mathis & Gary
    Freeman Mathis & Gary
  • Article

    Housing Alert: Supreme Judicial Court Decision Protects The New England Fund, As Well As Other Affordable Housing Subsidy Programs

    In a landmark decision that will promote the further production of affordable housing in Massachusetts for years to come, last Friday (July 20, 2007) the Massachusetts Supreme Judicial Court (SJC) rejected a frontal attack on the primary funding program for Chapter 40B projects, the New England Fund (NEF) of the Federal Home Loan Bank of Boston.
    United StatesLitigation, Mediation & Arbitration
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    Independent Contractor Law Clarified By NLRB

    United StatesLitigation, Mediation & Arbitration
    Epstein Becker & Green
    Epstein Becker & Green
  • Article

    Lease-Termination Fee Class Fails Third Circuit Ascertainability Requirement

    Using the Third Circuit's comparatively robust ascertainability standard, the United States District Court for the Eastern District of Pennsylvania recently denied certification of a class of tenants...
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
  • Article

    Massachusetts Contigency Plan Faces Significant Proposed Amendments

    United StatesLitigation, Mediation & Arbitration
    Holland & Knight LLP
    Holland & Knight LLP
  • Article

    Massachusetts Court Addresses Limits Of Chapter 93A Claims In Vacation Rental Injury Case

    On March 24, 2026, in Arana v. Molta, plaintiff Isabel Arana brought an action under Chapter 93A, Section 9, seeking to recover for personal injuries she sustained after falling through the pool deck...
    United StatesLitigation, Mediation & Arbitration
    Greenberg Traurig
    Greenberg Traurig
  • Article

    A Disguised Late Fee Is Nevertheless A Late Fee: Landlord Fails To Navigate Statutory Restrictions

    Residential rent late fees and charges are unambiguously limited by statute in New York. A landlord's effort to avoid the legal restrictions was the subject of a recent appeal
    United StatesReal Estate and Construction
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Access To Landlord's Property By A Tenant's Lender

    Landlords and secured lenders should remember to consider underlying applicable state law governing removal of a defaulted tenant's property when negotiating landlord waivers.
    United StatesReal Estate and Construction
    Reed Smith
    Reed Smith
  • Article

    Airport Concession Leases

    Location, location, location; the golden rule of real estate. If you were to ask any owner of real estate what the driving force behind the value of their property is, they would likely answer the location. Leasing space is no different.
    United StatesReal Estate and Construction
    KI Legal
    KI Legal
  • Article

    Beth Tiggelaar Talks Commercial Subleasing Restrictions

    Airbnb, WeWork and LiquidSpace enable the modern version of the classic sublet. These enterprises have inspired businesses, large and small, to be nimble and maximize return on idle space.
    United StatesReal Estate and Construction
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.
  • Article

    Delaware Chancery Court Tackles Fight Over Decades Old Water And Sewer Pipes

    In "Kunhs v. Hiler", (decided March 31, 2014), a dispute over decades-old underground water and sewer lines (laterals) brought neighbors in Rehoboth Beach, Delaware to Chancery Court.
    United StatesReal Estate and Construction
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Showing 521–540 of 2952 results

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