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Features
Highlights of the latest commercial leasing cases from around the country.
The recent Chapter 11 bankruptcy of Trak Auto Corporation ("Trak Auto"), the retail auto parts chain, has yielded a reported decision of the U.S. Fourth Circuit Court of Appeals that offers some insights for landlords on how "use clauses" in leases will be put under the bankruptcy microscope. <i>In re Trak Auto Corporation</i>, 42 B.R. 255 (4th Cir. 2004).
Features
In today's larger community centers, the developer is often faced with the need to construct the shopping center in phases, either to ensure adequate tenancies before undertaking the next portion of the center or to negotiate a sale of a portion of the shopping center to a large department store user who has its own agenda on when to construct its store. In either case, it is necessary for the developer to address the construction timing of the various phases and to deal with the issue of whether certain phases will be built at all. This article focuses on certain provisions the landlord needs to incorporate into its leases to protect itself in these situations.
In addition to focusing upon the oft-quoted mantra about location, sophisticated commercial tenants often recognize that a well-drafted commercial lease can be worth its weight in gold. On the other hand, when seeking legal input focused upon the lease document, commercial tenants (and perhaps their counsel) sometimes overlook the full range of value that counsel can bring to the property selection due diligence process.
Features
Recent moves by various cities, states, and municipalities to legalize or ban same-sex marriage have generated a flood of press, but little concrete advice as to the potential implications of these laws and related court rulings. The dearth of specific and actionable analysis of the implications of these shifts in the law places law firms, as well as most large enterprises, at a competitive disadvantage by forcing them to react as these laws change. This issue is an especially pressing one for large law firms with offices in many states because the definition of "spouse," and thus the availability of "spousal" benefits, may differ in diverse localities.
As a first year associate at a large law firm, I once asked a very successful junior partner the secret to his success. His response ' also the title to a Harvard Business Review article ' was: "Everyone who makes it has a mentor." That's when I noticed that he did indeed have a mentor ' a close working relationship with a very senior partner, who taught him how to achieve success in a law firm environment. Now, as a legal search consultant, I find that mentors are an increasingly important part of law firm life. Mentors boost overall firm profitability by helping associates ' among the firm's most valuable resources ' succeed. In fact, associates with long-term mentors are more likely to make it to the coveted partnership ranks. Thus, mentoring improves recruiting, aids in associate retention, and can ' if properly utilized ' promote workplace diversity. Simply put, firms with successful mentoring programs can gain material marketplace advantages.
Features
A steadily increasing number of law firms are offering partners the opportunity to take a sabbatical. A few firms are even requiring them to do so. And more lawyers are taking them. It's a "win-win" situation.
The evolution of law firm management has been slow and deliberate, usually built around established business management models. For most firms, the model is flat: A few senior-level administrative managers work closely with the partnership's executive management and make most of the decisions. But recently, several firms have adopted a new management model: practice group administrators.
When, in December 2003, U.S. companies were given only a few weeks to become compliant with the newly-enacted CAN-SPAM Act, many companies may have hastily implemented compliance programs in order to get up to speed by the time the Act became effective on Jan. 1, 2004. However, many companies may not have looked for ways to benefit from some of the Act's lesser-known provisions and, in fact, some wrinkles inherent in the Act. A careful review of the details of the Act will reveal ways companies can utilize its provisions to their best advantage.