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Connecticut’s lawyers should better represent our state’s diversity. Few would quibble with that. The question is how to get there.The Lawyers Collaborative for Diversity is continuing with a program that just might be a piece of the puzzle. It urges…
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Hinckley Allen is committed to being a diverse, equitable, and inclusive workplace. Recognizing that achieving diversity in the workplace requires long-term planning and strategic initiatives to recruit, hire, and support a diverse workforce, the firm has …
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Connecticut Supreme Court rules that a commercial tenant’s defenses of impossibility of performance and frustration of purpose due to COVID governmental shutdowns will not excuse its monetary obligations under the lease.On May 10, 2022, the Connecticut S…
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This article was also featured in the Summer 2022 edition of USLAW Magazine.Partner Noble F. Allen, Chair of Hinckley Allen's Diversity, Equity & Inclusion Committee, shared his thoughts with Law360 on how law firms and the industry at-large are handli…
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A few months ago deep into the pandemic, many landlords were understandably concerned (with good reasons) that a few outlier court decisions on force majeure might totally upend some of their leases that they assumed were on solid grounds. The Newbury, LLC…
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To say that the effects of COVID-19 has transformed office leasing is an understatement. When COVID-19 was at its peak, office spaces were practically abandoned either through governmental mandates or through actions taken by businesses themselves. Relati…
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Consider this not too unfamiliar scenario in the age of COVID-19: Five years ago B.C. (Before COVID), the tenant, a limited liability company, signed a 10-year lease. By all accounts, both parties to the lease not only expected the tenant to crush it throu…
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It is almost never a good idea for a landlord to treat a commercial holdover tenancy with anything less than the urgency it deserves. While there may be certain nuances that might exist from jurisdiction to jurisdiction, this need for exigency is uniform i…
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Noble F. Allen and Diane E. Rojas explore the provisions in retail leases that trigger a tenant’s duty to indemnify landlords in premises liability actions. It will focus on how retail tenants should draft these provisions in order to minimize or elimin…
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New England Real Estate Journal (NEREJ) published this article originally created for a Hinckley Allen Retail Real Estate Newsletter in early November 2017.A guaranty secures the faithful and timely performance of a tenant’s obligations under a lease an…
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A guaranty secures the faithful and timely performance of a tenant’s obligations under a lease and ensures that the landlord can legally pursue the guarantor in the event of a tenant’s default. But what happens when the landlord and tenant make subse…
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They are often referred to as exclusive provisions, exclusive clauses, or restrictive covenants. No matter the nomenclature, most landlords can do without them for a variety of reasons. Although “exclusive clauses” and “use clauses” are sometimes u…
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The Connecticut Supreme Court recently decided a case regarding the powers of a receiver of rents appointed by a municipality. In Town of Canton v. Cadle Properties of Connecticut, Inc., 316 Conn. 851 (May 19, 2015), the Court decided two main issues: …
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It is settled legal principle that the rights of a subtenant under a sublease are directly tied to the rights of a tenant under the applicable master lease, so that if the master lease is terminated for any reason, the subtenant’s rights under the sublea…
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Commercial leases often contain provisions that provide the tenant with an option to purchase the leased property upon the satisfaction of certain conditions. The issue of what constitutes the forfeiture of a tenant’s right to exercise an option to purch…
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Commercial leases often contain provisions that provide the tenant with an option to purchase the leased property upon the satisfaction of certain conditions. The issue of what constitutes the forfeiture of a tenant’s right to exercise an option to purch…
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Although the terms are often used interchangeably, a lease and a license are distinctly different under Connecticut law. In its simplest form, a lease is a contract that conveys an exclusive possessory leasehold interest in property; whereas, a license is …
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It is often said that co-tenancy provisions in leases usually lead to unintended consequences. Nowhere was this adage more vividly demonstrated than in a recent case decided by a federal district court in Connecticut, titled Kleban Holding Co. LLC v. Ann T…
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It is often said that co-tenancy provisions in leases usually lead to unintended consequences. Nowhere was this adage more vividly demonstrated than in a recent case decided by a federal district court in Connecticut, titled Kleban Holding Co. LLC v. Ann T…
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Under Connecticut law, the only situation in which an eviction can be commenced without first serving the statutory Notice to Quit on the tenant is when the tenant's lease has lapsed — specifically termed "lapse of time." In all other scenarios, a landlo…
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For over two decades now, the law in Connecticut with regards to antiassignment provisions in commercial leases has been that they will be found valid so long as the landlord’s discretion to withhold consent was carried out in good faith. This is also to…
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If there were any lingering doubts as to whether Section 47a-11 of Connecticut's Landlord and Tenant Statutes applied to commercial tenancies, this issue has now been definitively determined. In a recent decision, Vidiaki LLC v. Just Breakfast and Things!!
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Unless a contrary relief was negotiated in the lease in advance, the law regarding damages for breach of lease under Connecticut law is surprisingly straightforward: A Landlord is entitled to seek as damages, an amount that would place the Landlord in the…
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(3) the amount anticipated was reasonable and not disproportionate to what the parties agreed would be sustained as a result of such a breach.However, perhaps unlike other jurisdictions, Connecticut courts will not excuse the Landlord from its continuing d…
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The Connecticut Appellate Court recently came down with a ruling that has to be viewed as extremely favorable to Landlords who wish to exercise more discretion in accepting replacement tenants.In Brennan Associates v. Obgyn Specialty Group, P.C., 127 Conn.
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Black Friday came and went, closely followed by online's shopping equivalent "Cyber Monday." Even if the reviews were mixed, one or two mega shopping days do not a retail recovery make. Before Black Friday, the national economic forecast for retail was a b…
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A few months ago, it seemed like the retail industry was experiencing a metaphoric Tsunami. We were pummeled with daily headlines: "Retail Sales Plummet in December," "Retail Facing Tough Times," "Credit Crunch Hits Landlords Hard," and on it went ad nause…
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Because of their tenant mix and items they provide, strip centers have suffered the least, while regional malls and power centers struggle. For every recalcitrant landlord, there are more seeking to build a long-term relationship, willing to make a deal wi…
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In Connecticut, the doctrine of constructive eviction essentially arises when a landlord, while not physically dispossessing a tenant from the premises, does some act or deed which renders the tenant’s demised premises untenantable. Further, in addition …
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There is no question that one of the most important provisions in a commercial lease is the notice provision or clause. Failure by the landlord to comply with this provision could nullify a breach or default by a tenant. I will refer to this provision in t…
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Consider this scenario: the landlord signed a lease with a tenant. As part of the insurance/indemnification requirements under the lease, the tenant was obligated to name the landlord as an "additional insured" under its various insurance policies, and als…
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Back in April 2007, in a case entitled Kelly v. Stop & Shop, 281 Conn. 768 (2007), the Connecticut Supreme Court came down with a decision that forced certain retail establishments - - including landlords and premise owners to change their way of doing…
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What kind of damages should the landlord expect if the tenant breaches a commercial lease by vacating the premises before the lease expires? It depends.It depends on whether the remaining term of the lease is short term (i.e., two years or less) or long te…
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In NCAA basketball, there is “March Madness”. For immigration lawyers, there is “H-1B March Madness.” The primary purpose of this update is to remind employers that the time to file new H-1B Petitions on behalf of foreign workers is April 1, 2009. …
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Back in 1999, in an attempt to make Connecticut's mechanic's lien law more contractor-friendly, the Legislature saw fit to tweak the mechanic's lien statute. However, in doing so, it carved out some protection for Landlords and property owners.If any perso…
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Firm News
A total of 57 Hinckley Allen attorneys were named to the Super Lawyers® and Rising Stars lists in Connecticut, Massachusetts, New Hampshire, Rhode Island, and Upstate New York for 2023, including those newly recognized as well as featured in Top Lists.Ger…
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A multitude of Hinckley Allen attorneys are recognized in their respective practice areas in Best Lawyers® 2024 edition of The Best Lawyers in America®. In addition, 11 Hinckley Allen attorneys were named in the “Lawyers of the Year” category, as wel…
Firm News
Hinckley Allen is pleased to announce that 67 attorneys are recognized in the 2023 edition of The Best Lawyers in America®, including 5 “Lawyers of the Year.” Best Lawyers® has also recognized 24 Hinckley Allen attorneys in their “Ones to Watch” …
Firm News
Hinckley Allen is pleased to announce that 58 attorneys are recognized in the 2022 edition of The Best Lawyers in America®, including 8 “Lawyers of the Year.” Best Lawyers® has also recognized 15 Hinckley Allen attorneys in their inaugural "Ones to W…
Firm News
Hinckley Allen is pleased to announce that Best Lawyers® has recognized 59 attorneys in the 2021 edition of The Best Lawyers in America®, including 12 “Lawyers of the Year.” Best Lawyers® has also recognized 10 Hinckley Allen attorneys in their inau…
Firm News
USLAW NETWORK, a network of independent, full service law firms recently partnered with Howard Law School of Law in Washington, D.C. to host a recent recruiting forum.Partner, Noble. F. Allen, said: We had an incredible response from both member firms and …
Firm News
Only one lawyer in each specialty in each region is honored as a “Lawyer of the Year” by Best Lawyers®. Since its first publication in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers compi…
Firm News
Hinckley Allen is proud to announce Noble F. Allen’s recognition as a recipient of the 2018 USLAW NETWORK O’Hagan Award. The award is given annually to a USLAW member in recognition of outstanding, service, and commitment to the organization’s guidin…
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Hinckley Allen is pleased to announce that Best Lawyers® has recognized 51 attorneys in the 2019 edition of The Best Lawyers in America®, including seven “Lawyers of the Year.” Only one lawyer in each specialty in each region is honored as a “La…
Firm News
Hinckley, Allen & Snyder LLP is pleased to announce that Best Lawyers has recognized partners Noble F. Allen, Christine K. Bush, William S. Fish, Joel Lewin, Robin L. Main, Thomas S. Marrion, Gerald J. Petros, and David A.NOBLE F.
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Noble F.Jomarie T.Robert J.James J.Leon C.John J.William W.Christine K.
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Noble Allen has been named Lawyer of the Year in Real Estate Litigation (Hartford, CT) by Best Lawyers® 2015.Noble practices in the area of litigation, including civil and business litigation, premises liability/insurance claims defense, and commercial l…
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September 13, 2012 - Hinckley, Allen & Snyder LLP is proud to announce that 44 of its attorneys have been recognized by their peers as being among the nation’s best lawyers in the 2013 edition of The Best Lawyers in America®.Best Lawyers® is based …
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