Features
Prepayment Premiums and Make-Whole Payments
To determine whether a creditor has an enforceable right to collect a prepayment premium in bankruptcy, courts first consider the text of the loan documents.
Features
Ubi Sunt, Buck-Out Lease?
Despite predictions in several quarters, the so-called buck-out lease appears alive and healthy, if not as robust as it once was.
Features
The MAC Clause
This article is the second in a continuing series on resolving contentious issues in sophisticated lease transactions. In this installment: The MAC Clause.
Features
How the Federal Government Can Learn from the Evolution of CA's Family Leave Act
The advent of CA SB761 and the recent approval of CA SB770 signifies progress in the evolving quest to provide paid family leave for instances such as maternity leave.
Features
The Meaning of 'Clothes'
A case pending before the Supreme Court is putting a new spin on the question, "What are you wearing?"
Features
The 'Right to Be Forgotten'
How do the fast-spreading "Right to be Forgotten" and "Ban the Box" initiatives affect employers looking to screen for criminal activity among their job applicants? You'd be surprised.
Features
Hidden Risks of Leasing Retail Space
There are often"hidden" risks that may not be addressed by tenants in their lease negotiations. This article addresses certain of these concerns.
Franchise Compliance
How can a franchisor be sure about where to draw the line and how strictly to enforce the rules that are set out in the franchise agreement or operations manual?
Features
In the Spotlight: Holdover Tenancies
Tenants that fail to vacate their premises at the expiration of the term can cause significant damage to the economic health of a commercial property ...
Ground Lease Tug of War
Absent express language, different jurisdictions have interpreted and determined ownership of ground lease improvements in varying ways.
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- 'Customary Operations' or A Vacant Building?Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'Read More ›
- Reining in the Inequitable Conduct DefenseResponding to views from the U.S. Patent and Trademark Office and elsewhere about the unintended consequences of the current inequitable conduct doctrine, a divided <i>en banc</i> Federal Circuit decision issued on May 25, 2011 adjusted the standard of the materiality element to make this defense harder to establish.Read More ›
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- Authorship and Copyright In Hybrid AI-Human Collaborative WorksThe United States Copyright Office recently issued a letter ruling on the copyrightability of Kristina Kashtanova's comic book-like work, Zarya of the Dawn. The Kashtanova ruling indicates that the Copyright Office's determination of copyrightability of works involving use of AI will rely on whether the author is able to control and foresee with some measure of predictability the output of the authorial processRead More ›
- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›