Contending with Title III of the ADA: Tips for Property Owners and Managers
February 24, 2005
With the recent adoption of new Americans with Disabilities Act ("ADA") Accessibility Guidelines, it seems likely that real property owners and managers will soon see an increase in the number of ADA-based lawsuits as both private plaintiffs and the Department of Justice seek to enforce compliance with the various changes and new provisions. This article provides a basic guide to some of the more important elements of this type of litigation, particularly cases brought by private plaintiffs.
Understanding Affirmative Action Obligations as a Landlord, Tenant or Government Contractor
February 24, 2005
Given the plethora of government regulations spawned in the 80s and 90s, Executive Order 11246 (the "Order"), signed into law by President Lyndon B. Johnson in 1965, may appear to be relatively ancient history. Nevertheless, compliance with this far-reaching rule remains as essential today as it did when the Order was issued. Similarly, it continues to catch unwary federal contractors by surprise. Under the Order, companies that hold federal contracts or subcontracts in excess of $10,000 are prohibited from discriminating against employees and applicants for employment in hiring or employment decisions on the basis of race, color, gender, religion, and national origin. This aspect of the Order is generally widely understood. What is often overlooked, however, is that these contractors are also subject to certain affirmative action requirements. While the Executive Order has been on the books for nearly 40 years, many companies still find themselves in uncharted territory with respect to their coverage under affirmative action regulations.
In the Spotlight: Internet Technologies Meet HVAC Components
February 24, 2005
Internet technologies are poised to revolutionize the heating, ventilation and air conditioning industry by enabling HVAC components to communicate not only with each other but with other building systems controls as well, and even with the enterprise business systems that have become essential to running large corporations, nonprofits and agencies.
Indian Country: Franchising's Latest Frontier
January 28, 2005
Is your franchise looking to penetrate new or emerging domestic markets? If so, your company should consider franchising in Indian Country. The $18-billion Indian gaming industry is rapidly transforming the face of tribal lands and drawing <i>millions</i> of people to the reservation for business, employment, or recreation. It is that enormous influx of people onto tribal land ' a "captive audience" of reservation consumers ' and a relaxed regulatory environment that make Indian Country ripe for franchising.
Valuing Like Kind Exchanges: Is It Too Good to Be True?
January 28, 2005
How would you as a lessor like to increase your after tax income by millions of dollars? How would you as lessor like to increase spreads by 30 basis points? Would you like to do this without having to cut costs or take the risk of creating a new product, entering a new market and hiring lots of staff? The answer to these questions of course is "yes," and it sounds too good to be true as the way to get there is to use a gift from the IRS ' implement a Like Kind Exchange ("LKE") program in your leasing business.
In The Marketplace
January 28, 2005
Highlights of the latest equipment leasing news from around the country.
Mutual Waiver and Waiver of Subrogation Provisions in Commercial Leases
January 27, 2005
In commercial leases, the mutual waiver of claims for damage to property and its corollary, the waiver of subrogation by property insurers, continue to be the source of substantial confusion. Much of the confusion appears to spring from a lack of understanding of just what the waivers are intended to achieve and how they achieve it. The hypothetical below and the discussion that follows examine the rationale for these waivers, how they work and how certain other standard lease provisions should be brought into conformity with them.
The Leasing Hotline
January 27, 2005
Highlights of the latest commercial leasing cases from around the country.
How Smart Tenants Lease Brownfields
January 27, 2005
Increasingly today more prime locations for tenants are situated on land that was previously used for industrial or commercial uses and now has real or perceived environmental contamination. As these often called "brownfield" sites are redeveloped, they become attractive locations for leased space. These sites can be in urban centers where available space for development is scarce. The location can be convenient for a developed market of customers which a tenant can capture from absent competitors. Where once a tenant might not consider an investment in such a tainted location, now a tenant must avoid the temptation to overlook the risks. These risks do not apply only to industrial tenants or ground lessees. How a tenant evaluates and manages the risk will determine if a lease of brownfield property is a smart decision.
