Commercial Forbearance Agreements: Borrower Considerations

            Forbearance is the act of temporarily refraining from taking action against someone or something.   In the commercial lending context, forbearance means the lender is refraining from exercising its remedies because the borrower defaulted on its loan.              Forbearance agreements can be simple and straightforward.  They can also be complicated contracts with many moving parts, […]

Protecting Limited Liability

A recent case in New York serves as an important reminder to follow corporate formalities to protect against “piercing of the corporate veil.”  In RPH Hotels 51st S. Owner, LLC v. Icon Parking Holdings, LLC, the defendant holding company was found liable for the debts of three wholly owned subsidiaries. Applying Delaware law, the Court […]

Appraising the Choice of Appraiser

Business and real estate appraisals determine the damages awarded in larger commercial cases. Therefore, the credibility and quality of the appraisal report are paramount. Nonetheless, parties often choose their appraiser because they want the appraiser to provide a valuation that is higher or lower depending on the party’s preferred outcome. This can be a short-sighted […]

IP Licenses Are IP Leases

An intellectual property license is a lease for use of Intellectual property.  If attorneys and their clients understood this elemental principle, then licensing negotiations would often be less complicated, less fought over, and less expensive. Certain words are used in the same manner in both types of agreements, such as the words “term”, “termination”, and […]