John G. Kelly
This article discusses the competing interests and criteria of landlords and tenants in defining fair market value, explores various mechanisms used for resolving disputes over fair market rental rates, and concludes with proposed language that represents a healthy compromise for both sides.
John L. Tate
Part Two of a Three-Part Article
Like baseball batters in a lineup, the home run potential of any given Daubert motion varies greatly. Players without a good eye for the fast ball usually do not make it to the big leagues; lawyers without the skill set to deconstruct and demonstrate the methodological flaws in a disclosure of opinion testimony may get to play in the big leagues, but they have terrible batting averages.
Adam Leitman Bailey and John M. Desiderio
Part Two of a Two-Part Article
Last month, the authors outlined three types of provisions that can ease a commercial landlord's efforts to enforce the terms of a lease when a tenant defaults: clauses related to additional rent, rent acceleration and late charges. They continue here with two more lease-drafting ideas for minimizing the effects of tenant default.
Columns & Departments
In April, the Court of Appeal of Florida, First District, determined in that condominium owners who rented their properties to vacationers through the online service VRBO2 had not violated restrictive covenants not to conduct business in their units. Here's an analysis of the case.