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  • Article

    Commercial Landlord Dispute – Dismissal For Cause And The Interplay Of Sections 349 And 1112

    Not uncommonly, the timing of a commercial tenant's bankruptcy filing will correspond with a landlord seeking to evict the tenant or institute foreclosure proceedings.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Nobody's Default? Ninth Circuit To Decide Whether Defaults Need To Be ‘Material' Before Landlords Get Adequate Assurance Under The Bankruptcy Code

    Section 365 of the Bankruptcy Code allows debtors to "assume" unexpired leases, recommitting themselves and their counterparties to the existing lease terms, subject to approval by the Bankruptcy Court.
    United StatesInsolvency/Bankruptcy/Re-Structuring
Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
  • Article

    A High Price To Pay For Judgments In Litigation

    The decision arises from a "bitter and protracted" litigation between H1 Lincoln ("H1") and its landlord South Washington Street, LLC. H1 executed a commercial lease...
    United StatesLitigation, Mediation & Arbitration
    Goulston & Storrs
    Goulston & Storrs
  • Article

    Helping Indiana Cities and Towns Pursue Brownfield Cleanups

    United StatesLitigation, Mediation & Arbitration
    Plews Shadley Racher &  Braun
    Plews Shadley Racher & Braun
  • Article

    In Appellate Division First, New York Appellate Team Successfully Invokes "Party Finality" Doctrine To Obtain Dismissal Of Appeal For Commercial Guarantors

    In Roc-Le Triomphe Associates, LLC v. DeSouza, 2024 NY Slip Op 05654 (1st Dep't 2024), Associate Dean Pillarella, a member of the Appellate Practice...
    United StatesLitigation, Mediation & Arbitration
    Lewis Brisbois Bisgaard & Smith LLP
    Lewis Brisbois Bisgaard & Smith LLP
  • Article

    Incentives to Redevelop Brownfield Properties Through Programs of the Connecticut Brownfields Redevelopment Authority

    The Connecticut Brownfields Redevelopment Authority has several programs to help developers and municipalities overcome barriers to Brownfields development. This article features two of these programs, those for Brownfields Assessment Grants and Grants for Brownfields Redevelopment.
    United StatesLitigation, Mediation & Arbitration
    Wiggin and Dana LLP
    Wiggin and Dana LLP
  • Article

    Indiana Rejects Subrogation Waiver Argument Where Contractor Performed Work At The Request Of Another

    In U.S. Automatic Sprinkler Corp. v. Erie Insurance Exchange, 21A-CT-580, 2022 WL 906142 (Ind. Ct. App. Mar. 29, 2022), the Indiana Court of Appeals held that a subrogation waiver in an insured's maintenance contract did not bar recovery by the plaintiff insurer.
    United StatesLitigation, Mediation & Arbitration
    Butler Weihmuller Katz Craig LLP
    Butler Weihmuller Katz Craig LLP
  • Article

    Right of Soldiers to Terminate Residential Leases

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

    Subprime Suits - The Slow Pace Of Litigation

    As the American subprime mortgage crisis progresses, a litigation aftershock moves through U.S. courts. Though court filings lag behind the triggering subprime events, a wave of securities-related lawsuits reflects the magnitude of the current crisis.
    United StatesLitigation, Mediation & Arbitration
    BakerHostetler
    BakerHostetler
  • Article

    FTC And Colorado Secure $24 Million Settlement With Greystar Over Alleged Hidden Housing Fees

    n December 2, 2025, the Federal Trade Commission and the Colorado Attorney General announced a $24 million settlement with Greystar Real Estate Partners, resolving allegations that the company misrepresented rental pricing by advertising base rents without disclosing mandatory monthly fees.
    United StatesMedia, Telecoms, IT, Entertainment
    Frankfurt Kurnit Klein & Selz PC
    Frankfurt Kurnit Klein & Selz PC
  • Article

    An Agreement To Agree Is NOT Necessarily An Agreement To Agree

    Juvenal Reis (tenant) and J.B. Kaufman Realty Co, LLC (landlord) signed a lease in 2002 for real property in Long Island City. Over the years, Reis and Kaufman executed various letter agreements...
    United StatesReal Estate and Construction
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Can An Email Exchange Modify A Lease?

    Before the pandemic, Ernest Bux's niece Chit Bux signed a lease with Iona Mall in an upscale strip shopping center
    United StatesReal Estate and Construction
    Gray Reed
    Gray Reed
  • Article

    Cannabis Company Denied Arbitration – Reminder To Avoid Conflicting Remedies In Lease Agreements

    In a lease dispute between a ranch-owner and cannabis company, a California state court of appeal ruled that the arbitration provision included in the lease...
    United StatesReal Estate and Construction
    Thompson Coburn LLP
    Thompson Coburn LLP
  • Article

    Caution: Boilerplate Lease Provisions Aren't Always The Same

    Commercial landlords and tenants often spend substantial resources negotiating a fair lease. During negotiations, both sides bargain for the right rental price
    United StatesReal Estate and Construction
    Reinhart, Boerner, Van Deuren SC
    Reinhart, Boerner, Van Deuren SC
  • Article

    CDC Eviction Moratorium Struck Down

    We wrote last month with an update regarding the July 31, 2021, expiration of the Centers for Disease Control eviction moratorium as part of our blog series on the pandemic-related eviction restrictions in New Hampshire.
    United StatesReal Estate and Construction
    Primmer Piper Eggleston & Cramer
    Primmer Piper Eggleston & Cramer
  • Article

    City Of L.A.'s New Ordinance Foretells More Trouble For Multifamily Property Owners

    The Los Angeles City Council passed an ordinance on May 6, 2020, that dramatically expands the City's eviction moratorium in unprecedented ways.
    United StatesReal Estate and Construction
    Holland & Knight
    Holland & Knight
  • Article

    Client Alert: Federal Circuit Denies Rehearing In Takings Case On Eviction Moratorium

    In a win for landlords, on June 6th, 2025, the Federal Circuit denied the government's petition for panel rehearing and rehearing en banc in Darby Development Company, Inc. v. United States.
    United StatesReal Estate and Construction
    Jenner & Block LLP
    Jenner & Block LLP
  • Article

    Colorado Supreme Court Withdraws Opinion Establishing Jury Trial Right In Eviction Proceedings

    In a prime example of the importance of both knowing your record in an appellate proceeding and carefully reading the statute at issue...
    United StatesReal Estate and Construction
    Spencer Fane LLP
    Spencer Fane LLP
  • Article

    Commercial Leases And Flood Zones: The Hidden Notice Requirement

    On September 1, 2021, the remnants of Hurricane Ida struck New Jersey. Heavy rain and flooding ensued throughout the area, with many homes and businesses suffering significant damage as a result.
    United StatesReal Estate and Construction
    Lindabury, McCormick, Estabrook & Cooper
    Lindabury, McCormick, Estabrook & Cooper
  • Article

    Cooperative Transfers To Family Members

    The New York Court of Appeals recently issued its decision in the case of Del Terzo v. 33 Fifth Avenue, which had been moving through the New York courts for four and half years.
    United StatesReal Estate and Construction
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Showing 581–600 of 2952 results

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