Commercial Law

This article covers one important issue that can be problematic for both landlord and restaurant tenant if not thoughtfully addressed within the lease: the "use" clause.

Highlights of the latest equipment leasing news from around the country.

The Dodd-Frank Act greatly increases rating agencies' potential liability under the securities laws. One impact is almost certain: In the future, rating agencies are unlikely to fare as well in the courts as they have in the past.

With its 2010 decision of Conkright v. Frommert, the Supreme Court has once again opted to resist a proposed carve-out to the general rule of deference to ERISA plan administrators — this time in situations where an administrator's first attempt to construe an ERISA plan has been held by the reviewing court to be unreasonable.

All the latest you need to know.

In last month's issue, the authors discussed the concept of "Never Events": things that should never occur absent negligence in hospitals or other health care settings. The discussion concludes herein.

Pension benefits can account for 50% or more of the damages in a wrongful death or injury matter. This article presents an overview of the basic types of pensions and some issues that arise in determining lost pension benefits.

It should not be surprising that in a weak real estate market, developers would seek new sources of revenue. One recent source has generated controversy across the country ' requiring buyers to agree, for themselves and their assigns, to pay a fee upon each resale of the property. These transfer fee covenants raise a number of practical problems, not the least of which is the underlying legal question: Are they enforceable?