The first part of this article described the contents of the lien waiver and access agreement provision required by asset-based lenders. The conclusion discusses the major issues to be covered in the provision.
April 23, 2004Miles M. Borden
The following scenario frequently occurs: A multi-tenant office building landlord requests its counsel to take a quick look at a proposed two-paragraph lease amendment that the landlord drafted itself. The landlord explains that the tenant has agreed to extend the lease term and establish a new base rental rate for the extended term. Very simple and straightforward, correct? In reality, if the landlord and tenant had signed the two-paragraph lease amendment, they would have made some potentially costly errors, overlooked several issues and bypassed an opportunity to capture more comprehensive provisions that, at a minimum, should have been considered for inclusion. This article will help attorneys avoid some common oversights when working on lease amendments and identify some opportunities that should be assessed during the amendment-drafting phase.
April 23, 2004Jay A. GitlesShopping center leases often contain percentage rent clauses that provide for the ability of the landlord to share in the sales of a tenant over a specific sales threshold while providing the tenant with a lower total rent when sales do not meet the sales threshold. A typical percentage rent provision obligates the tenant to pay a percentage (ie, the percentage rent rate) of the amount of gross sales generated by and from the tenant's business operated at the leased premises, that exceed the threshold amount, ie, a "sales" base or "breakpoint," as additional rent.
April 23, 2004Kim SiglerFor those attorneys who loved "Gilly's" in law school, Current Medical Diagnosis and Treatment (CMDT), by Lange, McGraw-Hill, will simplify your ability to understand medicine. The following is a review of the CMDT by regular contributor Elliott B. Oppenheim, MD/JD/LLM Health Law.
April 23, 2004ALM Staff | Law Journal Newsletters |As more and more states across the nation impose statutory caps on damages for non-economic injuries in medical malpractice cases, plaintiffs and their attorneys are seeing their options for compensation diminished. Attorneys are looking for ways to best help their injured clients, such as hurriedly filing claims before the imposition date of statutory caps and framing their cases as something other than medical malpractice.
April 23, 2004Janice G. InmanOverturning a 19-year-old precedent, the Court of Appeals of New York held on April 1 that a woman may recover damages for emotional distress for medical malpractice that causes a miscarriage or stillbirth, even if she personally suffers no physical injury.
April 23, 2004John CaherRecent rulings of importance to you and your practice.
April 23, 2004ALM Staff | Law Journal Newsletters |National news of interest to you and your practice.
April 23, 2004ALM Staff | Law Journal Newsletters |Few health-care providers confronting the reality of trial proceedings in cases involving serious injury or death fail to recognize the possibility of a multi-million dollar verdict being returned in favor of the plaintiff. In 2003, 15 of the top 100 verdicts reported nationwide by Verdictsearch resulted from medical malpractice actions, with the range falling between an award of approximately $19,465,000 to an incredible $112 million in a case involving the alleged failure to diagnose an aneurysm, which led to the patient's quadriplegia and significant brain damage.
April 23, 2004Michael D. BrophyA New Jersey Superior Court Judge has found that money received by a wife in a legal malpractice settlement stemming from the divorce trial can be used to reduce or eliminate alimony. Moreover, a supported spouse could not pay an excessive amount for a new home and then complain she does not have enough money for savings.
April 22, 2004ALM Staff | Law Journal Newsletters |