Columns & Departments
Case Notes
Discussion of a case in which a trial court sided with the property owner/defendant where the tenant sought to terminate the lease early, but could not because it was not in compliance with one of the requirements for early termination.
Features
After a Hurricane: Can the Property Manager Be Blamed for a Lessee's Losses?
The recent decision in <i>Sears Roebuck & Co. and Kmart Corp. v. W/S Lebanon LLC</i> seems timely in light of the fact that commercial landlords, tenants and their insurance providers are grappling with the problems caused by the extreme wind and rain of hurricanes. Here's what happened in that case.
Features
The Lease Is Fully Executed
<b><i>You are Done, Right?</i></b><p>After a lease is fully executed, many attorneys may be tempted to think that their role in the leasing "process" is over. However, depending on the capabilities of your client to understand and administer the terms of the lease, not paying attention to "post-lease" signing details may be a perilous proposition.
Features
The Modified Anchor Tenant in Enclosed Regional Malls
<b><i>A Tenant's Perspective</i></b><p>As traditional department stores and so-called "anchor" tenants in enclosed regional malls are closing stores and limiting their expansion in the marketplace, landlords are seeking alternatives to the traditional department store or anchor store to occupy space in their shopping centers.
Columns & Departments
Landlord & Tenant
A look at a case involving retention of tenant's check in a lockbox.
Features
Surviving the Retail Shift
<b><i>Balancing Creative Uses withCo-Tenancy ProvisionsPart Three of aFive-Part Series</i></b><p>The volume of store closings is challenging shopping center owners to evolve. Shopping center owners have responded by finding creative uses for vacant spaces and ways to enhance the customer experience.
Features
Airbnb and Rent Stabilization: A Survey
Over the past several years, rent-stabilized tenants have turned to Airbnb and similar services to monetize their below-market leases and earn extra income. Landlords seeking to evict such tenants for profiteering have been largely successful. This article examines the state of "Airbnb" jurisprudence to date.
Features
'I Thought I'd Seen It All with Rights of First Refusal, But I Was Mistaken'
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.
Columns & Departments
Landlord & Tenant
A look at two interesting cases.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- How to TOOT Your Own Horn: Exceptional Self EvaluationsIt's that time again. As the year comes to a close many firms are beginning the associate review process. Even if your firm does not have a formal review process I recommend that you write a self-evaluation that outlines your achievements and specifies your goals for the coming year.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- The FTC Gets Into the College Athlete NIL GameAs national champions are crowned in men's and women's basketball, hundreds of thousands of college athletes are entering the influencer marketplace for the first time and now find themselves attractive candidates in the fast growing influencer marketing arena. With influencer marketing potentially providing a 5x return on investment, many brands are eager to get into the industry, but it doesn't come without risks as the FTC Commissioner is taking a closer look at the use of influencers for marketing.Read More ›
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
