By: Leandra | April 07, 2016

Traditionally, many businesses are formed under a single company that owns all the business assets (including the real estate) and operates the business. This structure is simple and easy to manage. But, it does not take advantage of certain liability protections that might make an enormous difference for the business owner.

This protection is primarily accomplished with a "real estate holding company." The major benefit of this structure is to gain extra liability protection. For example, if the "operating business entity" is sued and could be exposed to a large judgment, the real estate and any other assets in the "real estate holding company" should be shielded from liability.

Establishing this protection as...

By: Leandra | August 24, 2015

Reviewing a commercial lease can be a daunting task for anyone who has not done it before. From the numerous pages of dense text to the typical overuse of legalese, these documents tend to be some of the least-user friendly that I come across as a business attorney. Yet, reviewing them is something that most new business owners preparing to open their doors and existing business owners looking to expand into their first space have to do. Without proper review and consideration, a problem in a lease or with the landlord can sink a blossoming company.

Here are a few provisions (and the related “pitfalls”) to be on the lookout for as you go through the process of reviewing a commercial lease:

  • Base Rent vs. Additional Rent/Operating Expenses/et...