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Fox Rothschild LLP | USA | 14 Jan 2013

Exempt property sales in bankruptcy

I just had an interesting discussion with a partner on the subject of the sale of exempt property in bankruptcy. We concluded that even though tenant


Fox Rothschild LLP | USA | 12 Dec 2012

Rights and obligations of landlords and tenants when Sandy damages leased premises

Sandy has created a number of difficult legal problems.


Fox Rothschild LLP | USA | 10 Dec 2012

US EPA revises guidance to encourage renewable energy on contaminated land

On December 5, 2012, US EPA issued a “Revised Enforcement Guidance Regarding the Treatment of Tenants under the CERCLA Bona Fide Prospective Purchaser Provision.”


Fox Rothschild LLP | USA | 19 Nov 2012

Rights and obligations of landlords and tenants when leased premises suffers casualty damage caused by Hurricane Sandy

The obligations of a landlord as an owner of a commercial property (i.e., office, retail, manufacturing facility, warehousedistribution facility, etc.) to repair and restore casualty damage to such property are found in two documents pertaining to the property (i) a mortgage and security agreement constituting a lien on the property when recorded in the County Clerk’s office where the property is situate and (ii) a lease between the landlord and tenant.


Fox Rothschild LLP | USA | 26 Jul 2012

When a security deposit is not enough: perfecting a security interest in your tenant’s assets

When negotiating a commercial lease, landlords must often determine the credibility of the proposed tenant and determine what security can be given for the tenant’s performance under the lease.


Fox Rothschild LLP | USA | 26 Jun 2012

Lease defaults and landlord remedies: monetary damages

As a business transaction, a lease is a fairly simple arrangement the landlord leases space to the tenant in exchange for rent.


Fox Rothschild LLP | USA | 21 Jun 2012

Is leased real estate where the improvements are owned by lessee an object of taxation to be valued for purposes of taxation under the general county assessment law?

In the case of Tech One Associates v. Board of Property Assessment Appeals and Review of Allegheny County, et al. No. 32 WAP 2010, argued April 13, 2011 and decided April 25, 2012, the Supreme Court of Pennsylvania ruled on an appeal concerning the validity of a single unified assessment of land and the buildings of a shopping center, movie theater and restaurant located on the land, where the land is owned by one business entity and the buildings and surrounding improvements were constructed by a second business entity under a long term lease.


Fox Rothschild LLP | USA | 20 Jan 2012

Fee awards and the prevailing party

Clients often ask whether they are entitled to an award of attorneys’ fees in bringing or defending a particular cause of action.


Fox Rothschild LLP | USA | 20 Jan 2012

Reminder to Pa residential landlords - security deposits

What are the requirements under the Pennsylvania Landlord Tenant Act with respect to security deposits.


Fox Rothschild LLP | USA | 23 Oct 2011

Real Mex Restaurants files for bankruptcy in Delaware, hoping to sell assets under a Section 363 sale

On October 4, 2011, Real Mex Restaurants, Inc. ("Real Mex") filed chapter 11 petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware.

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