After extensively reviewing or drafting the "substantive" provisions of a lease, it is tempting to overlook the so-called "boilerplate" provisions usually found at the end of the lease. These provisions typically are placed innocuously in the "Miscellaneous" section of a lease, thereby furthering the impression that such provisions are standardized and of little importance. Such boilerplate provisions are not nearly as uniform and standard as one might think, however, and numerous differences can be found in Miscellaneous provisions depending on whether the lease is drafted on behalf of the landlord or the tenant. It is imperative, therefore, that the boilerplate provisions of a lease are carefully reviewed by both parties to ensure that such provisions accurately and completely set forth each party's understanding of the lease terms.
- April 28, 2005Christopher A. Jones and Scott A. Weinberg
The rumor that the retailing giant, Target Stores, may be taking over one of Canada's oldest and most venerable department store retailers, the 334-year-old Hudson's Bay Company ("The Bay"), and/or its junior department store discount division, Zellers, has left many Canadian landlords scrambling to review their leases in order to ascertain their rights. Many landlords will find that Target may be able to slip into The Bay's shoes without the necessity of having to obtain the landlords' consent to the transaction. Target's entry into Canada may prove to be as seamless and effortless as Wal-Mart's successful entry into the Canadian market a decade ago through its subleasing of stores from F.W. Woolworth & Company, a feat that was achieved for the most part without the necessity of landlord consent.
April 28, 2005Jeanne BankaIn most law schools, "Evidence" is a required course. After completing it, every student can outline the basic requirements of admissibility; namely, the…
April 28, 2005G. Christopher RitterAttorneys live and work in a world of contracts. Usually, however, this expertise involves optimizing legal agreements for the firm's clients. But when a law firm enters into its own software contracts, it is presented with the unique opportunity to optimize a negotiation for its own benefit. Attorneys, more than most software buyers, are aware of the legal issues involved in an IT contract such as indemnity, limitation of liability, confidential information and warranties. However, there are a number of business issues for any software buyer to consider. The key is to anticipate which of these a software company might deem negotiable.
April 28, 2005Alison Meyer VannAfter the attacks of September 11, 2001, Thacher Proffitt & Wood was forced to relocate from its offices at the World Trade Center, and as a direct result began to enhance its business continuity plan to protect itself in the event of another catastrophe. Part of that plan included the safeguarding of the firm's IT assets.
April 28, 2005Dierk EckartTo read some accounts, the review of "native" files is the Holy Grail in electronic discovery. As the story goes, the ability to review documents in their original format will provide perfect insight into the treasure trove of discoverable information. To read others, reviewing in native formats is the road to ruin, the tipping point to calamity. Perhaps, somewhere between these extremes lies the truth. Demystifying this notion, electronic discovery, using files in their native format, has some drawbacks and some advantages. In the end it's an understanding of these pros and cons that may permit the savvy litigator to gain a true advantage.
April 28, 2005Mary MackThe New York Court of Appeals declined last month to take immediate appeal of two lower court decisions on the issue of gay marriage in the state. One of those lower court decisions found denial of marriage rights to same-sex partners unconstitutional under state law, while the other court found no such barrier to New York's current prohibition against gay marriage.
April 28, 2005Janice G. InmanRecent rulings you need to know.
April 28, 2005ALM Staff | Law Journal Newsletters |In October 2004, I wrote a column for The New York Law Journal outlining the status of "no fault" divorce in the State of New York (Lee Rosenberg, Outside Counsel, "Is the Time Ripe for No-Fault Divorce?" NYLJ 10/20/04 at 4, col 4). In the interim between then and now, we still await consideration of the proposed legislation submitted by the Family Law Section of the New York State Bar Association urging the enactment of a long-overdue no fault statute.
April 28, 2005Lee RosenbergRecently, the Associated Press reported the story of a New Hampshire couple with an unusual problem. After being married for a few years, the husband, with his wife's assent, underwent a sex-change operation. The husband, a naturalized U.S. citizen with a foreign birth certificate, is now seeking to have the name on that birth certificate changed from Michael to Mikayla, something the federal government is not necessarily going to allow.
April 28, 2005Janice G. Inman Part One of a Two-Part Article