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Recent litigation of importance to you and your practice.

This two-part article focuses on how the SNDA (subordination non-disturbance and attornment agreement) can have impacts that are at least as important as a tenant's concern not to be disturbed in its possession of the premises.

In the Spotlight: Consents to Sublease: Issues to Consider from the Subtenant's Perspective

Subtenants should take the last steps in the Sublease documentation phase seriously, carefully review the Consent To Sublease and consider the issues described in this article before finalizing the Consent To Sublease. For your convenience and reference, this article offers a sample, arm's-length negotiated Consent To Sublease provision.

The Most Crucial Commercial Lease Cases

For almost two years, the attorneys at Adam Leitman Bailey, P.C, have been compiling a list of the greatest commercial leasing cases of all time. Two of these attorneys, the authors of this two-part article, trace the lifetime of a leasehold from negotiation through breach and enforcement.

In the Marketplace

Highlights of the latest equipment leasing news from around the country.

Assignments: Paying Agent Not Liable to Assignee

In a recent opinion by the U.S. Court of Appeals for the Ninth Circuit, the court held that the account debtor's payment obligations do not extend to its agent.

Eleventh Circuit Upholds Graves Amendment

Congress enacted the Graves Amendment in August 2005 to bar vicarious liability claims against long-term lease and rental car companies. Often challenged in the courts, the dependability of the Graves Amendment has been undermined by inconsistent court rulings that subject lessors to the liability the Graves Amendment intends to prevent.

Summary and Analysis of the Troubled Asset Relief Program

This article cuts to the substance of the Troubled Asset Relief Program, examining the provisions dealing with the actual purchase, management, and sale of troubled assets, with an eye toward the financial community.

News Briefs

The latest news from the franchising world.

Court Watch

Franchisees Beware of Liquidated Damages Clauses

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When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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Artist Challenges Copyright Office Refusal to Register Award-Winning AI-Assisted Work
Copyright law has long struggled to keep pace with advances in technology, and the debate around the copyrightability of AI-assisted works is no exception. At issue is the human authorship requirement: the principle that a work must have a human author to be eligible for copyright protection. While the Copyright Office has previously cited this "bedrock requirement of copyright" to reject registrations, recent decisions have focused on the role of human authorship in the context of AI.
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Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee
Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."
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Recently Introduced Bill Would Limit ITC 'Domestic Industry by Subpoena'
Patent infringement disputes in the United States are not only heard in district courts. The U.S. International Trade Commission (ITC) also decides high-stakes intellectual property disputes — with the remedy for the IP rights holder not being damages, but rather an exclusion order that can block a competitor's importation of infringing articles into the U.S. That remedy can be incredibly powerful for companies engaged in stiff competition in the U.S. market.
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