The Leasing Hotline
Highlights of the latest commercial leasing cases from around the country.
Developments of Note
Recent developments in e-commerce law and in the e-commerce industry.
e-Commerce Docket Sheet
Recent cases in e-commerce law and in the e-commerce industry.
Blog Defamation
Bloggers can be held liable for defamatory statements posted on their sites, regardless of whether the statements were original comments generated by the blogger or whether he or she republished the statements that someone else made.<br>The good news, though, particularly for bloggers and counsel who advise and represent enterprises where blogs are likely to be created and used (say, for instance, e-commerce or technology companies that supply or deal extensively with e-businesses), is that just as with traditional print publications, bloggers may raise a defense against defamation claims under Internet communication-protection statutes and the First Amendment.
Empowering Attorneys and Clients to Exchange Large Files Securely
Given the sensitive nature of attorney/client files, the challenge is how to give attorneys the ability to exchange the information in a secure way. Strategically, security is the easier part of the problem; the bigger issue is how to facilitate the exchange so that users are in control of the process instead of having to call for IT support every time information must be exchanged.
Features
Punk Rock and The Sale of Your e-Business
'Should I stay or should I go?'<br>That was the question that those classic '80s punk rockers The Clash asked in a song by the same title about a romance gone awry. That's just a song, though.<br>But, interestingly enough, that hard-driving ditty is applicable to the world of e-business: The entrepreneur contemplating the future of his or her business ' a love built of the same good times and bad, and with the same blood, sweat and tears as a real-life romance ' confronts the same dilemma when it's time to make that decision: Should he stay or should he go? How could a person not expect such perseveration? When an entrepreneur reads about the rapid rise of YouTube from startup to $1.65 billion buyout, he or she can easily forget about the many new firms that fail, and instead imagine being the personification of ' or fantasize about ' having a company that becomes the next tech-economy icon.
Features
Beware of Phishing: How Landlords and Tenants Can Avoid the Hook
Although landlords and tenants often have different views on various topics, they share a common interest in protecting their premises against theft. Until recently, security considerations were generally limited to decisions concerning appropriate locks and the installation of stout hardware. In the new millennium, however, securing electronic entryways to premises may be of even greater importance, and it behooves landlords and tenants alike to keep abreast of developments in computer-related security breaches. In particular, landlords and tenants must be alert to a variety of identity theft threats, including phishing scams, in which they receive an e-mail from a seemingly reputable company (eg, a tenant receives an e-mail that appears to be from the landlord) that attempts to obtain personal information from the recipient when in fact the e-mail was sent by an identity thief.
Beyond the Signature Block: Analyze the Exhibits Attached to a Lease
In reviewing a draft of another party's form commercial retail lease, much time and effort is expended in analyzing the lease relative to the agreed-upon letter of intent and/or applying a client's leasing parameters into the lease. Many times the signature block is viewed as the proverbial 'goal line,' so if you can make it to the signature block, you are at the conclusion of your review; however, to review the form lease adequately and completely, one must continue the review and analyze all the exhibits attached to the form lease.
Offshore Outsourcing: Protecting Privacy A World Away
Business process outsourcing (BPO) to offshore service providers has become an integral part of the global economy ' and integrally 'e' ' finding particular success in the financial services, health care and IT industries.<br>Studies confirm that offshore BPO will not only continue to grow, but accelerate in the years to come. One study projects that by 2010, the world's 100 largest financial institutions will move $400 billion of their cost base offshore, saving an average of just under $1.5 billion annually each. <br>This explosive trend will continue to create economic, political, cultural and legal challenges for all types of companies dealing with personal data and the regulations that cover the collection, movement, storage and accessing of it ' in the United States and abroad. And, given the popularity of financial services and health care BPO, privacy concerns are certain to figure largely in these challenges. This article provides an overview of some of the legal and practical implications of BPO to offshore vendors.
In the Spotlight: Beware of Lease Disputes in a Declining Market
We have just experienced a rising, perhaps frothy, commercial real estate market for the past half-decade, resulting in ever-increasing rental rates throughout much of the country. More recently, we have suffered increased gas prices that tax the budgets of all retail customers and appear to be reducing sales for many retailers.
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MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Redefining Attorney-Client Collaboration with Technology That Delivers Greater ValueIf savvy law firm attorneys haven't done so yet, they should take this time to adjust their expectations and increase their comfort levels with new technologies, processes, and workflows. Going forward, their clients will expect the emphasis to be on relationships and outcomes, not billable hours.Read More ›
- 'Customary Operations' or A Vacant Building?Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›