We found 2,436 results for "Commercial Leasing Law & Strategy"...
Applicability of the Interstate Land Sales Act in New York
October 29, 2010
In two recent cases, sponsors in New York State, the state that has the most complex regulatory scheme for the sale of condominiums in the United States, have been found to have failed to comply with the less rigorous disclosure mandated by the Interstate Land Sales Act ("ILSA").
Can a Victim of Domestic Abuse Get Out of a Lease?
October 28, 2010
In our day-to-day practice as family law practitioners, we help clients negotiate their way through the maze that is divorce. Besides the usual parenting and financial issues, some clients experience abuse at the hands of their spouse, a significant other or another household member. If this happens, the victim can obtain a Protective Order. However, as is too often seen in the newspapers, the Protective Order is merely a piece of paper and does not guarantee safety.
When the Virtual Storefront Is the Home Front
October 27, 2010
One of the virtues of e-commerce has always been its low barrier to entry. For little investment of time or money, anyone can set up shop online, whether selling advice or widgets. But can something so easily accomplished really be a business? Will an entrepreneur run something out of her spare bedroom the same way as if she had venture capitalists peering over her shoulders, demanding a business plan, financial statements, budgets, marketing plans and everything that a bricks-and-mortar retailer has (except the expense of leasing space)? If not, she may treat it as just another hobby, something to handle in her free time.
Rare Move By the U.S. Supreme Court
October 26, 2010
In a rare ruling, the Supreme Court unanimously held that a franchisee that stays in business cannot sue for constructive termination under the Petroleum Marketing Practices Act.
Jury Allowed to Consider Testimony on Oral Modification of Lease
October 26, 2010
In most leases, the landlord and tenant are specifically prohibited from orally modifying the lease. However, a decision recently handed down by the U.S. District Court for the Middle District of Pennsylvania illustrates how such a provision may be waived through the conduct of the parties.
The Small Business Jobs and Credit Act of 2010
October 26, 2010
This article briefly summarizes tax provisions of the Small Business Jobs and Credit Act of 2010 that the author believes will be of most interest to law firms.
Rooftop Solar Power Generation
October 26, 2010
Part One of this article discussed the financial and policy incentives for using solar energy. The conclusion herein addresses some of the practical considerations.
In the Spotlight: A 'Down-and-Dirty' Guide to Drafting Basic Landlord's Work Provisions
October 26, 2010
If a tenant fails to specify where installations should be placed, a landlord may install them in a manner that will minimize its costs even if such installations make little sense from an operational point of view. Savvy tenants will not let this happen.
Lease Termination Fees May Be an Avoidable Preference Under the Bankruptcy Code
October 26, 2010
Recently, the Eleventh Circuit considered whether future rent under a lease was "debt" for purposes of bankruptcy, and held that a tenant becomes "indebted" to the landlord for all future rental payments for the life of the lease at the moment the lease is executed.
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- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- Warehouse Liability: Know Before You Stow!As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.Read More ›
- Inferring Dishonesty: The Fifth Amendment and Fidelity CoverageDishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud & Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>Read More ›
- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›