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The Use of 'Use' Clauses in Restaurant Leases
As an aspiring restaurateur franchisee, a client might walk through a law firm's doors for the first time with a decent grasp of how to successfully operate a restaurant, but with no knowledge of real estate matters and absolutely no clue how to address the complexities associated with a restaurant premises lease. Although this article will not attempt to unravel all the mysteries of the world of commercial leases, it will address one important issue that can be problematic for both landlord and restaurant tenant if not thoughtfully addressed within the lease: the “use” clause.
Use clauses are lease provisions that confirm a tenant's rights to conduct specific activities at its leased premises while prescribing limits on such activities. Absent limitations on the tenant's activities, a tenant can do just about anything it wants within its premises, provided the activity is legal. (Hey, legal is good, right?) But can “legal” activity also be harmful to the landlord and other tenants? Unfortunately, it can.
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.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.