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Case Notes
Without Contractual Consent to Inspection, Lack of Protest Doesn't Excuse Landlord's Trespass
The Court of Appeals of Iowa has reversed a lower court's dismissal of trespass and conspiracy actions brought by a commercial tenant against its landlord after the landlord entered the leased property without the tenant's express permission, because no authority to enter existed. Thunder & Lightning, Inc. v. 435 Grand Ave., LLC, 2018 Iowa App. LEXIS 1009.
Thunder & Lightning Inc. (T&L) leased a commercial property from landlord 435 Grand Avenue, LLC (435 Grand) in order to run its business, known as the Lime Lounge. Three years into the lease the lessor/lessee relationship had deteriorated — in fact, according to the Court of Appeals, it could have been described not only as “contentious,” but more appropriately as “litigious.” 435 Grand charged T&L had breached the lease by failing to pay property taxes, and T&L counterclaimed for lack of notice of default, libel, and reimbursement for remodeling costs. These claims were later dismissed but were replaced by others, including, this action for trespass and conspiracy to commit trespass, which was severed for trial from other claims by the trial court. That court then dismissed the two claims. T&L appealed, arguing again that 435 Grand's representatives committed conspiracy to commit trespass and trespass when they entered into the leased premises without the plaintiff's consent.
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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.
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.
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.
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.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.