Looking at Lease Provisions from the Litigator's Angle
September 28, 2006
Frequently, commercial lease issues are brought to the attention of a litigation lawyer only after a dispute between the landlord and the tenant has erupted. Oftentimes, the dispute involves the 'boilerplate' provisions that do not raise much interest during the drafting phase because they are not considered to be economic deal points. <i>See</i> 'Revisiting Boilerplate or 'Miscellaneous' Lease Provisions' in the January 2006 issue of <i>Commercial Leasing Law & Strategy</i>. This lack of interest in boilerplate provisions is a mistake because it is much easier to resolve concerns regarding those provisions ' which become very important in the litigation context ' while the parties are amicably moving toward closing a deal, rather than during the pendency of a lawsuit. Many times, disputes could have been either avoided or minimized had the parties clarified certain important issues while they were negotiating and drafting. This article discusses several leasing issues that should be carefully considered while the parties are still on friendly terms.
In the Spotlight: Assignment and Subletting Provisions Rock Your World
September 28, 2006
In the entire universe of legal and business terms that makes up the modern-day commercial lease, there are very few provisions that can change the world of the landlord or tenant. One of those world-changing provisions is the assignment and subletting provision.
Finding Uncertainty in Certain Damage Provisions
September 28, 2006
For years, careful landlords and tenants have used liquidated damages as a means to avoid the uncertainty of events beyond their control. If the tenant held over beyond its term, or the landlord breached the tenant's exclusive, liquidated damages were considered a dependable remedy to avoid costly and time-consuming litigation. Unfortunately, what seems certain to lease drafters is anything but certain when presented in court. A recent decision from the U.S. District Court for the Middle District of Georgia underscores that point.
Development
September 28, 2006
News and analysis on the latest rulings.
Index
September 28, 2006
A comphrehensive listing of everything contained in this issue.
Court of Appeals Clarifies Adverse Possession Doctrine
September 28, 2006
Despite its ancient origins, adverse possession doctrine retains considerable contemporary importance. Disputed questions of fact explain the continuing volume of adverse possession litigation, but unfortunate statements of law have also been a factor. This past spring, in <i>Walling v. Przyblo</i>, the Court of Appeals took a significant step toward clarifying and simplifying adverse possession doctrine in New York.
How to Work with a Private Eye
September 28, 2006
Although there are bad apples among them, most private investigators dig up information using only proper means. Even putting aside the significant, well-regarded 'white collar' operations laden with former FBI executives and the like, many one- or two-person shops also comport with the law. But still, issues sometimes arise. Recent events have raised the consciousness of lawyers, particularly criminal and divorce attorneys who employ private investigators on a regular basis.
