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Dealers who sell and lease expensive heavy equipment, and therefore those who finance them, are often at the mercy of the manufacturers whose products the dealers sell or lease. Disparities in bargaining power between a local equipment dealership and a national or international manufacturer can force the dealership to accept unfair or oppressive terms. And if the manufacturer arbitrarily terminates the dealership agreement, the thriving business that the equipment dealer built can be totally ruined, often with little or no legal recourse, thereby also putting those who finance the dealer at peril.
A recent Illinois Appellate Court decision should lead to increased underwriting and due diligence inquiries by purchasers (and title insurers) of shopping center outparcels (that is smaller parcels at the center's perimeter that the shopping center owner intends to sell or lease for high-traffic uses) and may redefine appropriate inquiry notice throughout the retail industry. In <i>Murray's Discount Auto Stores, Inc. v. USRP Texas, L.P. and First American Bank</i>, Case No. 1-02-3434, the Appellate Court of Illinois, First Judicial District, held that the purchaser of a shopping center outparcel had knowledge of facts sufficient to put it on inquiry notice as to the existence of a no-build restriction contained in an unrecorded lease at adjacent shopping center property. In so doing, the appellate court sent a loud and clear message that shopping center easement rights and restrictions will be exalted at the expense of buyers who fail to take additional due diligence inquires that may be warranted under the circumstances.
On April 20, 2005, President Bush signed into law the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, which significantly changed the U.S. Bankruptcy Code. While various aspects of the new law give landlords greater rights in tenant bankruptcies, the law is not all good for landlords. The benefits of the new law for commercial landlords have been written about extensively, including an analysis of the new provisions setting definitive deadlines for a tenant to assume or reject a lease under the Bankruptcy Code. What has not been highlighted is that if a commercial tenant files a Chapter 7 bankruptcy case, a landlord's space could be tied up for 120 days or more, instead of 60 days or more under the old law. (This article does not address the special rules and protections for landlords of residential properties and is devoted to a discussion of the provisions regarding commercial properties.)
Features
Copyright Infringement/Content Deletions<br>Copyright Renewal Rights/Vesting<br>Recording Contracts/Personal Jurisdiction<br>Songwriting-Fraud Claims/Statute of Limitations
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
The U.S. District Court for the Southern District of New York denied attorney fees to Fox Entertainment despite a stipulated dismissal with prejudice of a copyright suit against the company.
Features
The New York Court of Appeals has answered several certified questions sent to it by the U.S. Court of Appeals for the Second Circuit, in a contingency-fee dispute between former Lynyrd Skynyrd guitarist Ed King and his former litigator Lawrence Fox.
The U.S. District Court for the Southern District of New York denied a motion by MGM Pictures to join Universal Music Group and its affiliated companies as defense parties in a suit against MGM over the alleged use of a sample of The Kinks' 1960s hit song 'You Really Got Me.'
Features
Big Firms Move Into L.A.<br>Silicon Valley Firms Pursue Hollywood Clients
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Management Contracts/Talent Agencies Act<br>Right of Publicity/Predominate-Use Test