In the Spotlight: Ordering Title Searches When Negotiating a Lease
Did you ever think it was good practice to order a title search when your client contemplated putting in expensive improvements or in other situations where the lease may have value? It may never have crossed your mind that the failure to discuss this option with your client could amount to professional malpractice ...
Mitigation Under a Commercial Lease
Lawyers are celebrated for their ability to employ subtlety and finesse. However, when addressing a commercial landlord's duty to mitigate damages upon a tenant's default, it pays to be blunt.
Court Watch
Highlights of the latest franchising cases from around the country.
Appellate Court Declines Look at Subjective 'Good Faith' in Contract
The Supreme Court of Ohio recently held that a court cannot make a subjective inquiry into a gasoline distributor's motives in setting price levels where the prices were both commercially reasonable and nondiscriminatory, notwithstanding the plaintiffs' allegations that the prices were set at a level to try to force them out of business.
Trucking and Machine Tool Repos Decline In Q3
The third-quarter results of Nassau Asset Management's NasTrac Quarterly Index ("NQI") show a decline in trucking and machine tool repossessions, as compared with the same quarter last year, while construction and printing equipment repos continued to rise.
New Burdens for Federal Contractors
It is becoming more burdensome under the Obama administration for leasing companies to do business as federal government contractors. In addition to maintaining an Affirmative Action Plan with accompanying statistics, reports, and logs, contractors will now be required to post a notice informing employees of the right to organize a union under the National Labor Relations Act and be required to use the federal E-Verify system to authenticate the identity and employment eligibility of job applicants and employees.
Canadian Insolvency Law Amendments
On Sept. 18, 2009, the Canadian government enacted significant Amendments to Canada's Bankruptcy and Insolvency Act and Companies' Creditors Arrangement Act. This article focuses on certain of the Amendments to which equipment financiers should pay particular attention as they may impact how equipment financiers transact business.
Dirty Laundry Hanging Out On The Web
Online objections to a corporation's products or services ' posted on "complaint" or "gripe" sites by former employees or consumers, or put elsewhere on the Web ' have a greater potential to be significantly more damaging to the target's operations than more traditional expressions of unhappiness.
Roberts ' What's Next?
In its decision in <i>Roberts v. Tishman Speyer Properties, L.P.</i>, the Court of Appeals ruled that the current and former owners of the Stuyvesant Town and Peter Cooper Village housing complexes in Manhattan "were not entitled to take advantage of the luxury deregulation provisions of the Rent Stabilization Law ' while simultaneously receiving tax benefits under the City of New York's J-51 program." But there are unanswered questions.
