Recent statutory and regulatory enactments have been widely debated and publicized. Equally important, but without any of the public comment and debate, have been four U.S. Supreme Court decisions issued since June 2006, which have significantly expanded the scope of the anti-retaliation provisions of Title VII of the Civil Rights Act, the Age Discrimination in Employment Act and 42 U.S.C. ' 1981
In 14 Penn Plaza v. Pyett, the Supreme Court clearly stated that a union-negotiated arbitration agreement can bind individual employees to arbitrate statutory discrimination claims. Accordingly, employers and unions should consider taking advantage of the benefits of arbitration ...
Employment lawyers across the San Francisco Bay Area are in awe of the ferocity of the economic slide, which for many has already translated into more work. Many Bay Area partners at firms big and small say their employment work really surged in the fourth quarter of 2008, and many expect the increase to continue.
The last decade has marked a dramatic rise in the number of executives, supervisors and managers who are being sued in their personal capacity for their work-related actions. This rise is largely the result of the expansion of many state discrimination laws to allow for lawsuits against not only the corporate employer, but also individual supervisors.
With so many vacancies popping up in shopping centers around the country, landlords are willing to entertain creative solutions to placing tenants in these empty spaces. However, before signing the leases and dropping off the keys, landlords should make certain they follow some very simple procedures and perform routine due diligence.
Retail landlords know a tenant is in trouble when rent payments are late or cease altogether, when the tenant's store is not well stocked with new merchandise, or when the physical condition of the store deteriorates. Retail tenants know that a shopping center is in trouble when an increasing number of stores are dark, or the maintenance of the common areas or other services have declined. Here's what to do.
If you are a tenant that is leasing properties at numerous locations, it would be an especially prudent business practice to take a careful look at all of your leases and operating expense invoices to determine if there are any opportunities to generate savings.
The current economic slowdown has been particularly hard on the retail industry. Operating retail stores in times of economic uncertainty has placed most real estate professionals in uncharted waters. Tenants are looking to their landlords for economic relief to meet the challenges of operating their stores without incurring unacceptable losses during these turbulent times. This special issue of Commercial Leasing Law & Strategy discusses difficulties arising in the context of retail leasing.
Recent rulings of importance to you and your practice.
