AFA President Discusses the Challenges of Being a Franchisee
January 01, 2004
For more than a decade, Susan P. Kezios has been one of the most outspoken and effective advocates for franchisees. The organization that she founded in 1993, the American Franchisee Association (AFA), lobbies on behalf of franchisees and conducts numerous educational seminars and conferences throughout the year. In this Q&A, Kezios discusses the most prominent challenges that franchisees face today and gives her "insider" perspective on how those challenges can be surmounted.
CAN SPAM Act: A Compliance Challenge A Detailed Look At What The New Act Means For e-Commerce; Marketers May Still Have A Say
January 01, 2004
In recent years, Congress has considered, but failed to adopt, dozens of proposals to control unsolicited commercial e-mail. Meanwhile, more than half the states passed laws banning specific forms of e-mail deception and requiring affirmative disclosures. California's much-discussed anti-spam law took the next step, prohibiting commercial e-mail sent without consumers' affirmative, opt-in, consent. This legislation, which was set to take effect Jan. 1, forced the e-mail marketing industry to lobby Congress for less restrictive, pre-emptive federal legislation. The result was the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003, or CAN-SPAM Act of 2003 (the Act), which President Bush signed Dec. 16, and took effect Jan. 1. The Act pre-empts state laws, except to the extent that they prohibit any e-mail message or attachment falsity or deception. This article provides a detailed look at the new federal Act ' including the possibility for e-mail marketers to continue shaping the law in upcoming rulemaking proceedings.
Duty to Protect: What Every Landlord and Tenant Should Know
January 01, 2004
Turn on the local news and you'll know that we live in violent times. This violence often manifests itself in the form of criminal activity. And as more and more commercial real estate owners and operators are learning, this criminal activity can translate into significant liability and damage awards, thanks to the recent willingness of courts around the country to impose on these entities a duty to protect those on their property or premises from third-party criminal acts.
In the Spotlight: Review Condominium Declaration When Drafting Lease for Commercial Unit
January 01, 2004
Special care should be given when drafting and negotiating a lease for a commercial condominium unit. Because the landlord in such a situation has rights and responsibilities as an owner of the condominium unit which comprises all or a portion of the leased premises, both parties to the transaction should review the relevant condominium declaration (which should consist principally of a recorded Declaration of Condominium and any amendments) to ensure that the lease terms comply with the condominium documents. The tenant will want assurances that the execution and delivery of the lease will not require any consents pursuant to the condominium declaration or violate the terms of the declaration or any other relevant documents. The landlord, on the other hand, will want to provide that the tenant will comply with all relevant terms of the declaration and not otherwise adversely affect the landlord's status as a condominium owner. Both parties will want to make sure that the lease accurately reflects their business deal.
The Leasing Hotline
January 01, 2004
Highlights of the latest commercial leasing cases from around the country.
Using Lease Provisions to Address Mold Growth
January 01, 2004
Mold growth has existed for centuries; litigation involving mold growth, however, has come into vogue only recently. Such litigation, despite its relative infancy, has proven costly to a variety of parties involved in the real estate industry — builders, property management companies, product manufacturers, commercial property owners, and insurers, among others. Verdicts in mold damage cases have occasionally reached multimillion dollar levels, while additional cases undoubtedly have settled for significant amounts. Landlords potentially could face major damage claims resulting from mold growth, and therefore it is recommended that landlords address mold-related issues by including in most leases specific provisions regarding mold growth.
A Guide to the Proposed Amendments to Article 2A
January 01, 2004
The American Law Institute (ALI) and the National Conference of Commissioners on Uniform State Laws (NCCUSL), the two organizations jointly responsible for drafting and updating the Uniform Commercial Code, recently approved proposed amendments to Article 2 — Sales, and Article 2A — Leases. The ALI approved the proposed amendments in May 2003 and NCCUSL in August 2002. These amendments are the culmination of a project that began more than 10 years ago.
In The Marketplace
January 01, 2004
Highlights of the latest equipment leasing news from around the country.
Landlord & Tenant
January 01, 2004
Recent rulings of importance to you and your clients.
Clearing the Confusion
January 01, 2004
As explained in last month's article, there has been a great deal of confusion in the courts regarding Section 365(b)(2)(D). In a detailed opinion on appeal, the Ninth Circuit diverged from two lower courts, holding that the most natural reading of subsection (b)(2)(d) requires a finding that the word "penalty" modifies both "rate" and "provision." This ruling, as discussed in last month's article, caused further confusion in the courts as to interpretation.
