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We found 2,447 results for "Commercial Leasing Law & Strategy"...

The Leasing Hotline
Highlights of the latest commercial leasing cases from around the country.
Flat CAM Charges in Shopping Centers
Don't look back, but the gross lease of the not-too-distant past is making a comeback, as shopping center owners and retailers continue to seek absolute truth in the never ending uncertainty of budgeting and recovering common area maintenance ("CAM") charges. The latest and greatest chapter in this continuing saga has the parties establishing flat CAM charges with set percentage increases, in lieu of the variable cost recovery method that has been somewhat industry standard over the past quarter century.
The Emergence of IP Finance: A Bright Future Lies Ahead
A recent search of Amazon.com generated more than 2200 publications related to intellectual property. The publications covered a broad array of subjects including law, valuation, licensing, finance, management, and globalization. While this finding is illustrative of an expanding interest in intellectual property, the area of IP finance in particular is rapidly evolving and has the potential for significant growth.
News Briefs
Highlights of the latest franchising news from around the country.
How 7-Eleven Developed a New System-Wide Franchise Agreement
In 2004, 7-Eleven, Inc. offered its entire U.S. franchise network a new franchise agreement. More than 96% of the franchisees representing its 3400 franchised stores signed the new agreement. The plans, process, and activities that were a part of this endeavor and the experiences developing and implementing this new agreement offer insight to both franchisors and franchisees when planning system-wide changes and/or new franchise agreements.
Landlord & Tenant
Analysis of the most recent decisions.
Eureka v. Wentworth: Further Erosion of the 'Hell or High Water' Principle
A fundamental tenet of equipment leasing has been the concept of "hell or high water" rental payments. Once the lease is signed and the lessee accepts the goods, then the lessee's promises under the lease become irrevocable, especially the promise to pay rent. The draftsmen of UCC Article 2A recognized this critical element and codified it with respect to a finance lease in UCC §2A-407(1)-(2) (all citations herein refer to Uniform Commercial Code Article 2A pre-2003 revisions). A finance lease is a particular type of "true" equipment lease in which the lessee itself selects the item of equipment it wants and instructs the lessor to acquire it for lease to the lessee. UCC §2A-103(g). A finance lessor is neither the manufacturer nor supplier of the item of equipment; it is merely providing the money. Article 2A of the Uniform Commercial Code (the "Code" or the "UCC") extends certain benefits to finance lessors, one of the most important of which is that the lessee's promises are not subject to termination, modification or repudiation; in other words, the lessee must comply with them come "hell or high water." UCC §2A-407(2)(b).
The Dilemma of Liquidated Damages: Even after Default, Fairness Remains a Key Component of Enforceability
A recent court decision striking down the liquidated damages provision of an aircraft lease should cause lessors to rethink (and possibly redraft), their standard remedies clauses.
In The Marketplace
Highlights of the latest equipment leasing news from around the country.

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