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Features

'I Thought I'd Seen It All with Rights of First Refusal, But I Was Mistaken' Image

'I Thought I'd Seen It All with Rights of First Refusal, But I Was Mistaken'

Marisa L. Byram

This article shares an actual recent dispute in which a landlord claimed there was a mutual mistake in the material terms of a right of first refusal after the proper exercise of such right and acceptance of such material terms by its tenant.

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A Broadening Consensus to Narrow Asset Forfeiture Image

A Broadening Consensus to Narrow Asset Forfeiture

Edmund W. Searby

It's important to keep informed of the trends in the realm of asset forfeiture, especially now that the current federal administration has announced its intention seek more asset forfeitures going forward. Here's why.

Features

Easy As FMV: Modern Fair Market Value Renewal Methods Image

Easy As FMV: Modern Fair Market Value Renewal Methods

John G. Kelly

This article discusses the competing interests and criteria of landlords and tenants in defining fair market value, explores various mechanisms used for resolving disputes over fair market rental rates, and concludes with proposed language that represents a healthy compromise for both sides.

Features

Stick to the 'Plain Meaning' Image

Stick to the 'Plain Meaning'

Janice G. Inman

<b><I>Interpreting Lease Contract Terms</I></b><p>The complications that can and do arise in the field of commercial leasing come in all shapes and sizes, and not all can be anticipated. However, with careful planning, and if the stars align, lease terms sometimes cover even an abnormal future event, preserving the agreement that the parties undoubtedly contemplated at signing

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