It is definitely a tenant's market, but tenants need to be aware of the "point of no return" for the landlord. They need to be acutely aware of how their tenancy will affect the value of a property and how to properly leverage their existing or contemplated occupancy.
- June 18, 2010John Kevill and Elizabeth Cooper
BAPCPA has had a profound effect on retail reorganizations, particularly, the restriction on bankruptcy courts' broad discretion to extend debtors' time to assume or reject leases. This shortened time period, a maximum of 210 days, has been alleged to be responsible for the death of retail reorganizations.
June 18, 2010Yitzhak GreenbergCompanies that continue to supply to a customer after the customer files for Chapter 11 bankruptcy protection should take note of a recent decision from the Eleventh Circuit that required a supplier to return the money it was paid by a Chapter 11 debtor ' for goods shipped to the debtor post-petition ' because the debtor did not have authority to make the payment in the first place.
June 18, 2010Ann Marie Uetz and Jennifer HayesIn advertising, it's amazing what works and what doesn't work. It isn't always what you think it is.
June 01, 2010Bruce W. MarcusAmendment Denied For Malpractice Suit Over 'Bowie Bonds'
Malicious Prosecution Suit Is Reinstated Against Manatt PhelpsMay 27, 2010Stan Soocher and Cheryl MillerCOPYRIGHT DAMAGES/STATUTORY 'WORK'
COPYRIGHT JURISDICTION/RELATED CONTRACT CLAIMSMay 27, 2010Stan SoocherGiven that the story lines played out in Superman comic books are full of shadowy figures with dark motivations, it seems fitting that the real world legal fight over who owns the rights to the Man of Steel would feature such a character in a pivotal role. On May 14, Warner Bros. sued Marc Toberoff, the lawyer for the comic icon's co-creators' families, in federal court in Los Angeles, accusing him of engaging in a "scheme" to "enrich himself" by trying to wrongfully seize control of a substantial chunk of the Superman property.
May 27, 2010Drew CombsIt takes a good while for a producer to develop a motion picture based on a book. A screenwriter must be engaged, decisions must be made about how to adapt the book into a film, the screenplay must be written and revised, and then an entire creative team must be assembled. For this reason, the producer attempts to structure the acquisition agreement with the book author in the form of an option coupled with a self-executing purchase agreement. The option period gives the producer time to complete development activities, and if the option is exercised, the purchase agreement transfers audiovisual rights without further discussion.
May 27, 2010Michael I. Rudell and Neil J. RosiniThose of us involved in e-commerce pay particular attention when online sellers are involved, such as the report that the same e-seller sold a gun or accessories to two well-publicized killers. This year, however, there is an additional legal twist.
May 27, 2010Stanley P. JaskiewiczIn this Q&A, Liss-Riordan discusses Awuah, et al. v. Coverall North America, Inc., as well as the general significance of litigation about the classification of franchisees and wage-and-classification issues for employees of franchisees.
May 27, 2010ALM Staff | Law Journal Newsletters |

