Credible Fraudulent Transfer Advocacy
Appellate courts continue to use common sense when disposing of constructively fraudulent transfer appeals, as recent decisions show.
Read More › Features
Jury Allowed to Consider Testimony on Oral Modification of Lease
Alan Nochumson
In most leases, the landlord and tenant are specifically prohibited from orally modifying the lease. However, a decision recently handed down by the U.S. District Court for the Middle District of Pennsylvania illustrates how such a provision may be waived through the conduct of the parties.
Features
The Small Business Jobs and Credit Act of 2010
Stephen M. (Pete) Peterson
This article briefly summarizes tax provisions of the Small Business Jobs and Credit Act of 2010 that the author believes will be of most interest to law firms.
Rooftop Solar Power Generation
Michael P. Carvalho
Part One of this article discussed the financial and policy incentives for using solar energy. The conclusion herein addresses some of the practical considerations.
Features
In the Spotlight: A 'Down-and-Dirty' Guide to Drafting Basic Landlord's Work Provisions
Mark Morfopoulos
If a tenant fails to specify where installations should be placed, a landlord may install them in a manner that will minimize its costs even if such installations make little sense from an operational point of view. Savvy tenants will not let this happen.
Features
News Briefs
ALM Staff
&
Law Journal Newsletters
Highlights of the latest franchising news from around the country.
Lease Termination Fees May Be an Avoidable Preference Under the Bankruptcy Code
Stephen T. Skaff
Recently, the Eleventh Circuit considered whether future rent under a lease was "debt" for purposes of bankruptcy, and held that a tenant becomes "indebted" to the landlord for all future rental payments for the life of the lease at the moment the lease is executed.
Features
Court Watch
Michael W. Tyler
Highlights of the latest franchising cases from around the country.
Features
The Use of 'Use' Clauses in Restaurant Leases
William V. McRae, III
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.
How the New FDD Has Affected the Franchise Sales Process
David E. Hood
Based on what the author has heard since franchisors have updated their FDDs, there are mixed feelings as to whether changes to the Franchise Rule have improved or complicated the sales process from the perspective of franchisors.
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