Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
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GA Supreme Court Strikes Down In-term Non-competition Covenant
July 28, 2009
In a June 29, 2009 opinion relevant to all franchise businesses in Georgia, the Georgia Supreme Court held that a covenant in a franchise agreement prohibiting a franchisee from competing with the franchisor during the term of the agreement is judged under the same standards as a post-termination covenant not to compete, and is unenforceable under Georgia law unless it is reasonably limited in territory and in scope of restricted activities. By contrast, earlier in the year, the Georgia General Assembly passed a bill which, if enacted through passage of a proposed Georgia constitutional amendment in 2010, would make it easier to enforce a restrictive covenant in Georgia and would specifically permit enforcement of in-term restrictive covenants without limitations on scope of activity, duration, or territory.
Organizational Risk in an Economic Downturn
July 28, 2009
During turbulent economic times, organizations need to be especially vigilant to minimize potential risks that could ultimately affect the bottom line or shareholder ROI.
Shareholders to Gain Access to Company Proxy Statements for Director Nominations
July 28, 2009
On May 20, 2009, the SEC proposed amendments to the existing proxy rules that would, among other things, allow shareholders to nominate directors in a company's proxy materials. Chairman Mary Schapiro strongly encourages interested parties to participate in the Commission's comment process that will end on Aug. 17, 2009.
Trouble in Lease Land
July 28, 2009
When financial problems affect the ability of a retail landlord or tenant to perform its lease obligations, both parties can be mutually benefited by working out a solution that keeps the tenant operating and paying rent.
Bridging the Gap Between Leasing and Loan Transactions
July 28, 2009
This article highlights some (but certainly not all) of the leasing and loan issues that should be taken into account when negotiating leasing documents and loan documents, respectively.
In the Spotlight: Leasehold Financing; It's Good to Have Options
July 28, 2009
This article discusses one particular concept in commercial leasing, which, if properly addressed and negotiated up front, is likely to benefit both the landlord and the tenant by providing greater security and increased credit possibilities in the years to come ' namely, leasehold financing.
Tax Issues for Real Estate Leasing by Tax-Exempt Organizations
July 28, 2009
The article herein examines the issues involved when a tax-exempt organization owns a tract of vacant land that it wishes to develop and lease, so as to realize a stream of income from the land greater than would be realized by a simple sale or lease of the unimproved property.
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