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Say it Ain't So! Tortious Interference with a Sublease By a Master Landlord
Recently, in Sea Island Food Grp., LLC v. Yaschik Dev. Co., Inc., a South Carolina appellate court affirmed a trial court's decision that: 1) a landlord had tortiously interfered with a sublease by terminating the master lease after a fire damaged the subject building; and 2) such landlord was liable to the subtenant for punitive damages. See, 433 S.C. 278, 857 S.E.2d 902 (Ct. App. 2021), reh'g denied (May 12, 2021).
In April 2013, a fire caused extensive damage to the building's second floor and roof, but less damage to other parts of the building. After such damage, the master tenant began repair and restoration work on the building. In May, 2013 the landlord entered into negotiations to sell the building to a neighboring property owner. Though the lease required the master tenant to carry $1 million in insurance, the master tenant advised the landlord in August, 2013 that the total cost of repairs could exceed $2.3 million. In September, the master tenant requested that the landlord approve the structural plans for the building's repair. The following week, the landlord notified the master tenant of its decision to terminate the lease. The lease provided for automatic termination in the event the premises were totally destroyed. The full lease provision reads as follows:
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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.
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.
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.