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Features
To the typical tenant, being located near or adjacent to vertical and horizontal transportation, which may include elevators, escalators, stairways, people movers, and similar transportation, would be a beneficial situation due to the customer traffic that such devices provide. However, several issues or potential issues arise when addressing the presence of vertical and horizontal transportation within the common areas of an enclosed regional shopping center. In particular, the following issues should be negotiated: accessibility and visibility; the right to relocate or close such transportation; and the right to substitute various means of vertical and horizontal transportation systems. This two-part article addresses these issues and provides sample model clauses for vertical and horizontal transportation.
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Features
The term 'joint venture' encompasses a wide range of business combinations, some of which are simply contractual agreements between independent parties, others of which involve the creation of new entities through consolidation, and some of which involve both integration and contractual agreements. Because joint ventures comprise such a diverse array of business structures, they often defy easy characterization for antitrust purposes: Is a venture best viewed as a merger? A price-fixing agreement? Something in between? This characterization problem contributed to significant confusion in the courts over the proper scope of antitrust liability for joint ventures. <br>At one time, courts routinely declared unlawful a variety of joint ventures, many of which were plainly pro-competitive. The Supreme Court's decision in <i>Texaco, Inc. v. Dagher</i>, clarifies the application of the antitrust laws to joint ventures, and narrows the scope of potential liability for these types of business combinations.
Among the many real estate assets that may be financed are ground or net leases. Despite many changes in the area of real estate finance over the past number of years, the legal criteria for determining financeability of a tenant's leasehold estate remain constant. Nevertheless, it is useful for the real estate practitioner to periodically take inventory of the standards. Certainty of leasehold financeability is essential, not only to any ground lessee or tenant that wants to finance the cost of constructing its leasehold improvements, but also to any tenant that decides to finance a portfolio of leasehold properties or whose corporate lender requires a collateral assignment of the tenant's interest in its leasehold estates as part of the security for a broader, corporate financing facility. The following sets forth fundamental issues to be considered in determining the financeability of a significant lease.
Features
The law enforcement community was unprepared for the onslaught of allegations of racial profiling because it never anticipated it would become an issue with massive legal and administrative consequences. Because the law enforcement community was generally unprepared, the result included costly litigation and onerous settlements, as well as a decrease in public confidence. Many of these consequences may have been avoided if the law enforcement community had initially recognized the issue and then prepared to address it.
Features
Recent rulings of interest to you and your practice.
Features
For years, the government has downplayed interior enforcement of our immigration laws. Inspections of I-9 compliance were nearly extinct; illegal workers thrived under a 'catch and release' deportation standard and lenient I-9 standard; and no one seemed to care about the Social Security mismatch problem. All of that is changing.
Whether an arbitration clause in a contract will be enforced by the bankruptcy courts in accordance with the Federal Arbitration Act has been the focus of numerous court decisions in recent times. The consensus among most courts addressing the issue has been that a bankruptcy court can adjudicate a dispute otherwise subject to binding arbitration if the dispute falls within the court's 'core' jurisdiction. Even so, rulings recently handed down by the Second and Third Circuit Courts of Appeal suggest that the scope of a bankruptcy court's retained discretion in this area may be even less broad than is generally understood.
Features
Whether leasing new or existing premises, whether you are the landlord or tenant, the construction of improvements to your premises presents numerous concerns.
Features
Who do you turn to if you believe that an agreement is invalid? Should it make a difference if the agreement contains an arbitration clause? If it does have such a clause, can you nonetheless walk into court and have a judge decide? Or must the dispute go to arbitration? The Catch-22 is this: If an arbitrator were to determine that the agreement is invalid, the arbitrator logically would seem to have no jurisdiction over the matter to start with, because the arbitration clause therein should be invalid too. But if you were to litigate that dispute in court, and a judge determined that the agreement is valid, then an arbitrator should have resolved all disputes pursuant to the arbitration clause therein.