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Key rulings you need to know.

Lease Renewal Options and the Rule Against Perpetuities

In February, the Court of Appeals once again faced the application of the Rule Against Perpetuities to commercial options. This time, the court held that the Rule does not apply to leasehold options to renew.

They Do the Crime ' And It's on Your Dime

Two state laws in New York make the illegality of a tenant's use of rented premises a matter of considerable concern to landlords. While the first law can be expensive to the tune of tens of thousands of dollars, there is no limit on what the other could cost the landlord ...

The Complex World of Municipal Incentives

While incentives should never be the main driver in site selection, they can make a huge difference in the overall costs for a given project.

In the Spotlight: Executing Leases Faster and Cheaper

A landlord should track and resolve open lease issues everyday. This approach is simply the only way for a lease to get signed quickly and minimize costs.Anthony Casareale is Of Counsel in the Real Estate Practice of Greenberg Traurig's White Plains, NY, and Miami offices.

Labeling Leases

The term "triple net lease," rather than depicting transactions predominantly having well-settled common features, now conjures up more of a spectrum of "netness." Here's what this means.

An Overview of Elevator and Escalator Liability

This article examines the basic considerations and issues that arise in litigation involving injuries sustained while using elevators and escalators in New York State.

In the Spotlight: Landlord's Waiver or Subordination to Tenant's Lender's Security Interest

This article asks the question: waive or subordinate? An in-depth discussion.

How Sweet Is the Pot?

This article offers considerations for tenants when evaluating the terms of a particular tenant inducement ' in this case, a tenant improvement allowance coupled with free rent ' and the means by which tenants can protect against losing the benefit of their bargain.

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Who's doing what; who's going where.

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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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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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Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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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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