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Case Notes
Tenant Improvement Does Not Shift Repair Responsibility Away from Landlord
A California appeals court has upheld the finding of a special master that the property owner must bear the costs of repairing a roof that had reached the end of its useful life even though there was some indication that a pool built by the tenant created additional stress to the roof and the terms of the parties' lease provided that damage to the premises caused by tenant improvements would be paid for by the tenant. Fitness Int'l v. Monterey Prop. Assocs. Anaheim, LLC, 2018 Cal. App. Unpub. LEXIS 5053 (7/25/18).
The defendant landlord, Monterey Property Associates Anaheim, LLC, was the successor in interest to a lease entered into in 2001 between the predecessor landlord and the LA Fitness gym operator. The lease required the tenant to make “any repairs necessitated by … improvements made by or on behalf of the Tenant.” One improvement, made during the pre-lease term buildout phase, was the installation of a pool for the use of the tenant fitness club's members.
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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
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Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
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Blockchain Domains: New Developments for Brand Owners
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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.