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Author: Christian Petersen

Discharging Lis Pendens in Property Disputes

Posted on May 9, 2016 in Real Estate

When a lawsuit between parties involves real property, such as a real estate transaction or asset sale, sometimes the purchaser will file a lis pendens in the litigation. The term “lis pendens” literally means a pending suit.  In Florida it is defined as the jurisdiction, power, or control which courts acquire over property involved in a pending suit.  By filing a lis pendens and recording it in the public record, the filing party creates a cloud on the title that effectively prevents the owner from selling his property to a third party until the litigation is resolved. For example, if […]

Collecting Rent from Commercial Tenants in Bankruptcy

Posted on Mar 11, 2016 in Complex Commercial Litigation

A commercial tenant files bankruptcy and stops paying rent. What should a landlord do? One option is to immediately file a motion for payment of administrative rent. Unless a tenant is a large, newsworthy national chain, a landlord usually finds out about a tenant’s bankruptcy through a notice in the mail. Unfortunately, for most landlords this means the tenant stops paying rent as well. Fortunately, commercial landlords are protected under the bankruptcy code by a provision that provides for the debtor to pay administrative rent to the landlord. However, the payment of administrative rent is not typically an automatic process.  […]

The Delaware Rapid Arbitration Act: Possible Panacea or Potential Pitfall?

Posted on Feb 26, 2016 in Complex Commercial Litigation

Arbitration is often believed to be a great alternative to litigating a dispute in state or federal court.  Faster, cheaper, and more definitive.  No lengthy court dockets.  No expensive, never-ending discovery.  And no lengthy appeals.  Right?  Well, not always. Although arbitration has been lauded as solving many of the problems associated with litigating in the courts, in practice arbitration often has its own set of potential pitfalls which may include:  litigating over whether the parties’ arbitration agreement applies and the scope of arbitration, disputes over the selection of the arbitrators, extensive discovery  similar to that faced in litigation, delays in […]