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Enough Is Enough! The Scope of the 'Perpetual' Right to Cure
Is the landlord's right to cure a defect in the premises a perpetual one? The answer depends on where you are, what your lease says, and whether you have documented complaints and repairs adequately.
Commercial lease agreements often contain provisions imposing a duty to keep the premises in repair. This duty is typically mitigated by an opportunity to cure any default by making the necessary repairs on the property after receiving notice of the problem. The right to cure presents challenges for both landlords and tenants. Occasionally, the party with the duty to repair may have an incentive to do as little as possible to correct the problem, comforted by the knowledge that written notice must be given before a default occurs. Both legal issues and more practical business concerns increase, however, when the same or similar problem arises repeatedly throughout the lease term even if “repairs” have been made. A recurring, though minor, repair issue may serve as an excuse for the non-defaulting party to terminate the lease prematurely. The landlord will choose this route when markets are strong and it can lease the space for a higher rent. Conversely, a tenant may resort to this tactic when markets are weak ' either to negotiate a better rate at the existing space or leave to find accommodations with more favorable terms.
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The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.