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Features

Rare Move By the U.S. Supreme Court Image

Rare Move By the U.S. Supreme Court

Craig R. Tractenberg

In a rare ruling, the Supreme Court unanimously held that a franchisee that stays in business cannot sue for constructive termination under the Petroleum Marketing Practices Act.

Features

Jury Allowed to Consider Testimony on Oral Modification of Lease Image

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 Image

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 Image

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.

November issue in PDF format Image

November issue in PDF format

ALM Staff & Law Journal Newsletters

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Features

In the Spotlight: A 'Down-and-Dirty' Guide to Drafting Basic Landlord's Work Provisions Image

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.

Movers & Shakers Image

Movers & Shakers

ALM Staff & Law Journal Newsletters

Who's doing what; who's going where.

Features

News Briefs Image

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 Image

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 Image

Court Watch

Michael W. Tyler

Highlights of the latest franchising cases from around the country.

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