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For many reasons ' ranging from local custom to estate planning to tax considerations ' the most desirable real property is often available only through long-term ground leases and is usually developed and subleased to retail tenants. The long-term ground lease turnkey sublease transaction (referred to in this article simply as the "Turnkey Sublease") is thus a much-used device.
In what some economists and many governmental officials say is a robust and growing economy, why are major chains closing 6,000 retail stores in malls and strip centers within the near future?
Columns & Departments
GA Supreme Court Upholds Integration and Disclaimer Clauses to Prevent Fraud Claims <br>CT McDonald's Franchise Hit with LGBT Suit<br>Update on Twin Peaks
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Practitioners of matrimonial and family law have seen firsthand, especially within the last eight years, the impact of different forms of social medi aon divorce and our practices. Facebook posts can greatly impact custody, support and divorce matters, especially in litigation.
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<I>Sargon Enterprises, Inc. v. University of Southern California</I> has been touted as a "game-changer" in California jurisprudence. It was to be a decision ushering in <I>Daubert</I> "gatekeeper" functions, to protect juries against junk science experts. Many California trial courts are now regularly flexing their <I>Sargon</I>-empowered discretion, and scrutiny of expert evidence has become part of California law.
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The statute of limitations applicable to medical malpractice cases in New York is one of the most unjust in the country. It can, and too often does, expire before victims have even the ability to know that they have been injured. That is because, other than foreign objects left in a patient's body, New York does not have a rule that the statute begins to run at the time the patient discovers, or reasonably should discover, that he or she suffered injury as a result of malpractice. Almost all other jurisdictions have such a rule, and its absence in New York has had harsh consequences for countless malpractice victims. Efforts to pass legislation to end this injustice have repeatedly come up short.
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Due diligence is an integral and essential part of corporate transactions, yet for lawyers and their clients, it can be a painful process. In mergers and acquisitions and other dynamic and time-sensitive transactions, due diligence often becomes a bottleneck that slows down deals, a frustration to attorneys and their clients alike.
While Chapter 11 is generally known as the reorganization chapter of the Bankruptcy Code, more recently, it has been used as a vehicle to manage the orderly liquidation of business entities through plans of liquidation. Whether such liquidations follow sales of a debtor's assets under ' 363 or monetization of assets of a debtor over time, the liquidating plan often provides for payments to the creditor body that generally follow the priority of distribution set forth in ' 726.
In-depth discussion of a case in which a court must decide if a particular med mal policy will survive a doctor's fraud.
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The threat of criminal environmental prosecutions is real. Most federal and state environmental statutes provide for criminal prosecution in appropriate circumstances, often for knowing violations of environmental law, but sometimes even on a negligence or strict liability basis. Here's what you need to know.