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Part One of a Two-Part Series
Several federal agencies and independent agencies and commissions have leasing authority granted by the U.S. Congress (ie, NASA for specific space needs; FDIC; SEC; U.S. Military for recruitment stations and other specific needs; Smithsonian Institution and others). The General Services Administration ('GSA') provides a large percentage of the commercial leasing space needs for the balance of governmental entities and certain services for even those within their own authority. The GSA has recently retained third-party brokerage firms on a national basis to assist the government in its leasing of office space. As more brokers ' and, in the future, lawyers ' are asked to assist the government with its space needs, an understanding of the leasing issues specific to the government is required. This article details some of these issues, and suggests ways to address them in your lease.
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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.
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.
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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.
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."