Rent Abatement Clauses: Tenants Should Speak Softly, But Draft a 'Club'
November 30, 2007
In commercial lease transactions, a tenant's desire and need to occupy a space and begin transacting business often takes precedence over a landlord's ability to complete all of the bargained-for physical alterations that it has promised. The issue of determining the diminished value of the premises prior to the completion of the landlord's work is customarily resolved through the negotiation of rent abatement provisions that quantify damages where delays in the landlord's construction would lead to a breach of contract.
In the Marketplace
November 30, 2007
Highlights of the latest equipment leasing news from around the country.
Ways to Avoid Electronic Contract Killers in Second Life
November 30, 2007
The creators of Second Life — an online virtual community — faced some real-life problems in a Pennsylvania court recently. In <i>Bragg v. Linden Research, Inc.,</i> No. CIV.A06 4925 (E.D.P.A. May 30, 2007), Judge Eduardo C. Robreno, denying a motion to compel arbitration, offers attorneys and their clients some useful guidelines to consider when drafting standard electronic form contracts.
Equipment Leasing and CERCLA Liability
November 30, 2007
In this month's installment, we focus on some of the special issues facing equipment leasing as a result of the Supreme Court's decision in <i>United States v. Atlantic Research Corporation</i>. We recommend some steps in order to address the increased litigation and liability risks facing owners and lessors of equipment, risks that few have addressed.
Shari'ah Finance and the Equipment Leasing Industry
November 30, 2007
<i>Shari'ah</i> or Islamic-compliant financing is gaining a foothold in international finance transactions. This article provides an overview to equipment finance professionals as to certain opportunities that may exist within this market for both increasing customer base and obtaining sources of capital.
Case Briefs
November 30, 2007
Highlights of the latest insurance cases from around the country.
Food and Product Safety Litigation: How Will It Affect General Liability Insurers?
November 30, 2007
Litigation stemming from recent product and food safety failures presents a number of important insurance questions under general liability policies. These include questions about the scope of the products-operations hazard, whether non-products coverage is implicated by new theories advanced by the plaintiffs' bar, whether 'no injury' claims for economic harm can be shoehorned into coverage, and whether the many class action claims seeking medical monitoring for potential bodily injury will be covered under general liability policies.
Ancillary Businesses Losing Appeal
November 30, 2007
Law firms once dreamed of owning separate businesses to bring in new streams of revenue, and while some achieved that goal, the industry is now largely backing away from a strategy that provided little economic benefit.
