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Performing a Litigation Audit on Your Lease Agreements
Standard forms and specially negotiated agreements both have “boilerplate” provisions that are largely ignored at the time of the transaction, but almost always play a significant role when a dispute arises. These provisions are usually placed in the “fine print” in form contracts, such as in “standard provisions” on the reverse side of documents that may have not been reviewed and reconsidered for years. Because such a small percentage of transactions result in litigation, there is little motivation to re-examine provisions that have worked well enough before.
Leasing counsel who specially negotiate agreements also often fail to reconsider boilerplate provisions, instead choosing the expediency of copying seemingly innocuous provisions from a prior agreement sitting in the attorney's “form file.” If leasing counsel does review the boilerplate provisions, he or she may not have the litigation background and current knowledge of case law to determine how best to revise the provisions for his or her particular transaction or company ' or how these provisions will play out in the litigation process. Yet, in the rare event litigation occurs, the previously ignored boilerplate provisions may well determine who maintains leverage throughout the case and, ultimately, who prevails.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.