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  • Surviving the Retail Shift

    October 02, 2017 |

    Landlords' Duty to Mitigate Damages.

    Part Two of a Five-Part Series

    In Part One of this series, the authors addressed managing the legal process to help commercial landlords achieve the most efficient results when dealing with a defaulting retail tenant. But what happens once the shopping center owner or manager recovers possession of the lease premises?

  • Case Notes

    October 02, 2017 |

    The Court of Appeals of Nevada recently affirmed in part and reversed in part a lower court's holding, reinstating a tenant's claim for breach of the covenant of quiet enjoyment stemming from the behavior of the claimant's co-tenants. Here's why this case matters.

  • Developing Brownfields

    October 02, 2017 |

    This article examines some of the key aspects of desirability and viability that are working together to make Brownfield redevelopment increasingly attractive in today's real estate market.

  • A Broadening Consensus to Narrow Asset Forfeiture

    September 02, 2017 |

    It's important to keep informed of the trends in the realm of asset forfeiture, especially now that the current federal administration has announced its intention seek more asset forfeitures going forward. Here's why.

  • In New York: Public Trust Doctrine Thwarts Retail Mall

    September 02, 2017 |

    In Matter of Avella v. City of New York, the New York Court of Appeals enjoined development of a retail, holding that the development proposal would constitute an impermissible alienation of parkland by the City of New York. Here are the implications of that ruling.

  • Surviving the Retail Shift

    September 02, 2017 |

    Part One: Manage Expectations and the Legal Process

    So far this year, more than 3,200 retail stores have closed their doors. While this is certainly not the end of brick and mortar retail, owners and managers of shopping centers faced with dark stores and mounting receivables are asking "now what?" This article is the first in a five-part series.

  • Key Points for Drafting Signage Clauses

    September 02, 2017 |

    Protecting a Tenant's Right To Be Seen

    When negotiating a lease on behalf of a commercial tenant, an attorney should be mindful of both the legal and business aspects of the transaction. While all tenants seek quiet enjoyment, it is important to recognize that perhaps equally central are vehicular visibility and foot traffic.

  • Confidential Lease Terms Versus Public Access to Government-Held Documents

    August 02, 2017 |

    Commercial landlords with multiple properties, or developments with more than one tenant, are generally loath to disclose to potential tenants the terms of leases into which they have previously entered. So, what happens when a government entity has demanded or been given a lease as part of a governmental process, such as when a landowner is seeking permission to build?

  • Case Notes

    August 02, 2017 |

    Discussion and analysis of several key rulings.

  • Do Daubert Motions Really Work?

    August 02, 2017 |

    Part Three of a Three-Part Article

    Last month, the author described two of his six tips for achieving success with Daubert motions. Here, he concludes by offering four more.