LJN Newsletters

Highlights of the latest commercial leasing cases from around the country.

The Work Letter (sometimes referred to as a 'Construction Agreement' or 'Work Agreement') is the portion of a lease, usually an exhibit, setting forth the provisions relating to the build-out of the tenant improvements to be made to the space leased. Often dealing with very large expenditures, the Work Letter is an extremely important part of the Lease. However, perhaps because of the varying types of build-outs, with differing parties responsible, it is a document that often breeds considerable confusion. This two-part article discusses the three common types of office space build-out arrangements to which landlords and tenants might agree, how they differ, and how those differences are to be addressed in drafting the Work Letter.

Sometimes the hardest part of a leasing relationship is getting started ' establishing if there will be contingencies, when they will expire, when the space will be delivered, and when the rent will commence. Often the transition is smooth, and everything falls into place. In other situations, however, coordinating the requirements, obligations, and schedules of both landlord and tenant feels like an in-air refueling of a jetfighter.

Employee abuse of employer-provided equipment has always created a potential for liability, but the advent of the computer and the Internet has significantly altered the landscape. What is new about today's electronic tools, and what increases the level of employer exposure, is the fact that these devices enable employees to have instantaneous access to the outside world. The difference between giving an employee a telephone or a computer with Internet access is like the difference between giving a hunter a pea shooter or an AK47. The likelihood of success is much greater with the AK47, but so is the risk of a significant mishap.

Since the 2003-2004 term, the Supreme Court has heard a surprising number of antitrust cases ' nine in all ' reflecting its increasing interest in, and willingness to address, questions that significantly impact the business community. Equally remarkable is the array of issues the Court has addressed in these cases. In the past three years, the Court has heard cases concerning issues ranging from a unilateral refusal to deal with rivals, to pricing decisions by joint ventures to claims of tying involving a patented product. one opinion has been issued so far ' the unanimous decision in Weyerhaeuser Co. v. Ross-Simmons Hardwood Lumber Co., 127 S. Ct. 1069 (2007). This article discusses that opinion.

While all retail leases pose an array of issues to the landlords and tenants involved, retail leases relating to restaurants pose certain other issues that must be addressed in order to avoid surprise costs, liabilities, and delays. This article addresses several of those issues that relate to restaurant leases in a shopping center setting (either in a food court or as an outparcel location), including trash removal, pest and rodent control, parking, and exclusive uses.

Lawyers representing enterprises with complex information systems generating and storing vast amounts of data are familiar with the perils of e-Discovery. If this familiarity did not arise before Dec. 1, 2006, it certainly arrived with the e-discovery clarifications and codifications to the Federal Rules of Civil Procedure ('FRCP') that took effect on Dec. 1, 2006. Given the implications of these rules for compliance, it is imperative that businesses accelerate and elevate their planning for how to address every phase of electronic discovery ' identification and preservation, collection, processing, analysis and production. Unfortunately, dealing with these issues is not as simple as shopping for software packages or asking a consultant to apply industry best practices to the company's electronically stored information ('ESI') procedures. This article spells out a rational, comprehensive plan for achieving e-discovery preparation.

Employers of all sizes use third-party consumer reporting agencies to conduct background investigations such as credit, criminal, education and employment background checks. Such investigations are labor-intensive, costly and require specialized knowledge (especially if the employer has a multi-state presence). Therefore, a third-party vendor is the natural choice for outsourcing such a task. However, employers should beware that outsourcing the background check process does not automatically insulate the employer from liability when it relies on the information in a report. Using such third party reports places the employer squarely within the myriad of requirements under the Fair Credit Reporting Act ('FCRA'). 15 U.S.C. ' 1681.