Sustainable Development
Despite common assumptions that today's environmental concerns stem from automobile emissions and industrial pollution, buildings actually have a comparably greater impact on the planet's environmental dilemma. Here's why going green helps developers and owners alike.
Court Watch
Highlights of the latest franchising cases from around the country.
Reasons to Reevaluate REAs
This article raises the issue of whether it is now appropriate to reevaluate some of the primary provisions ' both business and legal 'of REAs.
Understanding GAAP
So many contracts contain the phrase "in accordance with generally accepted accounting principles," but do lawyers really understand what this phrase means or how it may affect a client in any given contract?
What Rights Does an Abandoning Tenant Have?
Both commercial and residential tenants sometimes face the personal or economic need to leave leased premises before the expiration of the lease term. In times of economic recession, the problem is more serious ' both for landlords and for tenants ' than in boom times. What rights does a tenant have in this situation?
Mac's Shell Service, Inc. v. Shell Oil Products: Looking for the Practical Answer
Even though franchising represents a significant part of the commercial activity in the United States and the U.S. Supreme Court regularly considers legal issues pertaining to commerce, it's rare for the Court to hear a case that is directly related to franchising. But such a rarity took place on Jan. 19, 2010, in <i>Mac's Shell Service Inc. v. Shell Oil Products Co.</i> Craig R. Tractenberg, a partner at Nixon Peabody LLP, was in attendance, and he describes the oral argument.
Rule B: Good Riddance to Maritime Pre-judgment Attachments of EFTs
While those who made a living prosecuting (and defending) Rule B attachments have to be disappointed by <i>The Shipping Corporation of India, Ltd., v. Jaldhi Oversees Pte. Ltd.</i>, the commercial bar generally and participants in international trade, including generally equipment lessors (<i>e.g.,</i> marine cargo container lessors), are grateful for the decision.
Taxpayer Suffers SILO (Pre-tax) Loss in Wells Fargo
In <i>Wells Fargo & Company v. United States</i>, a court considered for the first time SILOs involving domestic municipal transit agency lessees. While one would have thought that the domestic and federally approved nature of the transactions would have some influence on the decision, they did not.
