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Understanding Reciprocal Easement Agreements

Typically, reciprocal easement agreements (REAs) are used when a property is owned by more than one person or entity, and the persons or entities wish to develop the property as an integrated shopping center. Without an REA, the developer or the major retailer could build whatever and whenever it wishes and could conceivably prevent the other party from using its parcel for parking, access or utility lines.

In the Spotlight: Square Footage in Leasing Transactions

Square footage is an important concept in leasing because, more often than not, the agreed-upon amount of square footagewill dictate the economic terms of the deal.

Acceleration of Rents

This article highlights some recent court decisions acceleration of rents, and offers some suggestions for reasonable middle ground positions that should survive scrutiny.

When Online Harassment of Tenant Turns Violent

Does a landlord have an obligation to act once it learns a resident is being harassed by another tenant on Facebook or similar social media site? According to a recent Ohio state appellate decision, not only is liability possible, but landlords who ignore warning signs may be doing so at their own peril.

Brace for Rising Rents

Jones Lang LaSalle's annual Law Firm Perspective reveals that the days of tenants having the upper hand in lease negotiations are on the way out.

The Calm Before the Storm Is the Time to Consider Insurance Coverage

The calm before the next storm is an opportune time for a company to consider the adequacy of its insurance program. Here's what you need to know.

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.

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.

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.

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.

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When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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Artist Challenges Copyright Office Refusal to Register Award-Winning AI-Assisted Work
Copyright law has long struggled to keep pace with advances in technology, and the debate around the copyrightability of AI-assisted works is no exception. At issue is the human authorship requirement: the principle that a work must have a human author to be eligible for copyright protection. While the Copyright Office has previously cited this "bedrock requirement of copyright" to reject registrations, recent decisions have focused on the role of human authorship in the context of AI.
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Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee
Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."
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Recently Introduced Bill Would Limit ITC 'Domestic Industry by Subpoena'
Patent infringement disputes in the United States are not only heard in district courts. The U.S. International Trade Commission (ITC) also decides high-stakes intellectual property disputes — with the remedy for the IP rights holder not being damages, but rather an exclusion order that can block a competitor's importation of infringing articles into the U.S. That remedy can be incredibly powerful for companies engaged in stiff competition in the U.S. market.
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