Using a License Agreement Instead of a Lease
Given the need of landlords to be relieved of the onerous burdens and frustrations of traditional landlord-tenant litigation, a license agreement may be useful for the right business plan.This article discusses the license agreement — its limitations and its powers. It also dissects and explains when and how to use a license agreement, and the ability to effectuate self-help properly.
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Think It's Found Money? Better Do It Right When Raising Investment Capital
Finders can provide valuable services on behalf of a company seeking funding since they may have access to investors that would not otherwise be known to the company. This article sets forth recommended provisions for a Finder's Fee Agreement.
'Perfect Pay' Provisions in Troubled Credit Markets
In the current era of credit uncertainty spawned by the subprime mortgage crisis, perfect pay provisions may be subject to changes as banks, leasing companies, hedge funds, and other financial institutions to which these payments have been sold or pledged ('Funders') tighten credit standards and re-examine transaction risk, particularly in syndications of interests in leases and loans.
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Case Briefs
Highlights of the latest insurance cases from around the country.
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Contours of the Fortuity Doctrine
This article explores how the fortuity doctrine has evolved to focus increasingly on the knowledge and conduct of the insured.
Measure the Premises Twice: Cut the Deal Once
Measuring the premises in advance of the letter of intent can help to avoid backtracking on points and re-negotiating the business deal during the lease negotiation process.
El Toro: A Red Flag on Lease Rejection Damages
The U.S. Court of Appeals for the Ninth Circuit recently issued the first circuit-level decision regarding what sort of damages are subject to the cap imposed by Bankruptcy Code '502(b)(6) on landlords' claims arising from a debtor's rejection of a nonresidential real property lease.
In the Spotlight: Ten Suggestions for Owners Starting a Major Construction Project
There comes a time in the life of almost every company when it will engage in a major construction effort. Here are 10 basic suggestions from a seasoned construction litigator, who has spent 20 years working on the back end of troubled projects, to help you on your way to a successful — even though it may, at times, seem stressful — project.
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Misrepresentation: Insurance Company Efforts to Avoid Statutory Requirements
More than a century ago, many states began to protect policyholders from insurance company efforts to deny coverage on the grounds of alleged falsehoods in the application for insurance, when such alleged misstatements were not material to the insurance company's decision to sell the coverage. While insurance companies have attempted by various methods to avoid such protections, courts generally have rejected these efforts and upheld statutory limitations on an insurance company's right to void coverage.
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