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In the Spotlight: When Drafting Leases, Substance Matters Image

In the Spotlight: When Drafting Leases, Substance Matters

Richard D. Williamson

Drafters of (and all parties to) commercial leases should be aware that just using a magic phrase, such as "triple net," is probably insufficient to automatically alter the parties' otherwise express rights and duties.

Features

Court Watch Image

Court Watch

Darryl A. Hart & Charles G. Miller

Highlights of the latest franchising cases from around the country.

Features

Reasons to Reevaluate REAs Image

Reasons to Reevaluate REAs

Sheldon A. Halpern

This article raises the issue of whether it is now appropriate to reevaluate some of the primary provisions ' both business and legal 'of REAs.

Policy Outlook Image

Policy Outlook

ALM Staff & Law Journal Newsletters

Troy Flanagan, director of government relations for the International Franchise Association, recently discussed with <i>FBLA</i> many of the critical federal policy and economic issues that are affecting the franchising industry.

Features

Business Crimes Hotline Image

Business Crimes Hotline

ALM Staff & Law Journal Newsletters

Recent rulings around the states.

Features

Understanding GAAP Image

Understanding GAAP

Joan Rood & Laura Kinney

So many contracts contain the phrase "in accordance with generally accepted accounting principles," but do lawyers really understand what this phrase means or how it may affect a client in any given contract?

Features

In the Courts Image

In the Courts

ALM Staff & Law Journal Newsletters

Important rulings of interest to you and your practice.

Stays in Parallel Proceedings Image

Stays in Parallel Proceedings

Jodi Misher Peikin & James R. Stovall

Because discovery stays can benefit both the prosecution and the defense, each side will continue to request, or resist, them when the need arises. As a result, no significant change in discovery practice in parallel proceedings is likely to come from piecemeal litigation.

Features

Constructive Termination and Constructive Nonrenewal Claims Image

Constructive Termination and Constructive Nonrenewal Claims

Craig R. Tractenberg

On March 2, 2010, the U.S. Supreme Court unanimously held that a franchisee that stays in business cannot sue for constructive eviction under the Petroleum Marketing Practices Act. The Court also decided that a franchisee waives its constructive nonrenewal claim when it enters into a renewal agreement.

Features

Prosecutors, Agents and Witnesses Image

Prosecutors, Agents and Witnesses

Jefferson Gray

Because prosecutors have a responsibility not merely to win, but to ensure that the defendant has a fair and impartial trial, it is professional misconduct for a prosecutor to intimidate or improperly influence a defense witness to change his or her testimony or to refuse to testify for the defense.

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