Leasing Covenant Loopholes
April 27, 2007
Protecting the success of its business is of prime concern to any retailer client in the course of shopping center lease negotiations. A protection commonly found in leases is an exclusive use right granting a tenant either the exclusive right to sell a particular product in a center or the exclusive right to operate a particular business. An exclusive right in a lease is violated any time an occupant of the shopping center fails to comply with its restrictive terms. As such, it places a burden on the landlord to administer and police a tenant's exclusive throughout the term of the lease. Landlords have, therefore, started to move away from granting exclusive rights to giving leasing covenants ' a provision intended to give a retailer the protection for its use while removing the administrative burden from the landlord in enforcing exclusives. However, is the retailer really getting the benefit of protecting its use from future tenants? Below are some considerations to keep in mind when drafting a leasing covenant for a tenant.
Cameo Clips
April 27, 2007
Recent litigation of interest.
The Leasing Hotline
April 27, 2007
Highlights of the latest commercial leasing cases from around the country.
CDA Protection Extended to State Law
April 27, 2007
A federal appeals court ruling in a case involving an adult publisher appears to have delivered broader legal protections for online service providers against lawsuits claiming privacy violations and other illicit behavior by their users.
Law.com Unveils Legal Search Tool
April 27, 2007
Law.com launched a new search tool last month that allows more focused searching of legal sites than would a general search site such as Google, with the goal of delivering more relevant results. Law.com Quest provides the option of searching only the Law.com network of sites or a broader collection of legal Web sites and legal blogs.
Consumer-Generated Content Is Hot
April 27, 2007
Over the past year, a growing number of companies have begun to sponsor promotions involving consumer-generated content. For example, Frito-Lay and Unilever each ran contests in which consumers were invited to create commercials and the winning spots were aired on television. These types of promotions offer many advantages for marketers. If a promotion is executed well, it could generate publicity for a relatively small investment. Consumers are also likely to spend more time on a company's Web site watching videos and learning about the company's products than they would otherwise. Moreover, a company may end up with a great commercial at a fraction of the price they would have had to pay an agency to develop it.
Online Patent Swapping
April 27, 2007
The age of collaboration that the Internet has introduced is changing the rules of intellectual property protection, creating new copyright strategies and enabling a virtual online 'swap meet' for companies holding patents they no longer need and those searching for new technologies.
Lawyer Ads in Cyberspace
April 27, 2007
New York State's new ethical rules governing attorney advertising, which went into effect on Feb. 1, 2007, specifically address the use of Internet and electronic technology to advertise attorney services and serve as an example of how other states may revise their attorney advertising rules as well.
