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The Leasing Hotline
September 01, 2003
Highlights of the latest commercial leasing cases from around the country.
Out of Bounds: Radius Restrictions in Shopping Center Leases
September 01, 2003
A common restrictive covenant in shopping center leases is the so-called "radius restriction," a lease provision that prohibits a tenant from opening a competing establishment within a proscribed distance from the present location. Typically, a radius restriction goes hand in hand with a percentage rent provision, which allows the landlord to participate in the tenant's gross sales after a certain threshold or "break point" is achieved.
In the Spotlight: Subtenants Should Arrange for Parking Spaces
September 01, 2003
Subtenants that sublease space in buildings where parking is made available by the prime landlord for an additional charge should make the proper arrangements with the prime landlord prior to the execution of the sublease in order to ensure that such parking is available as of the commencement of the sublease and will remain available during the term of the sublease.
Strategies for Securing Against Tenant Defaults
September 01, 2003
Part One of a Two-Part Series. This two-part article describes some of the strategies that a landlord might utilize to protect itself from the impact of a tenant default or bankruptcy as it structures leasing transactions. The realization that landlords have become more security conscious will cause tenants to prepare themselves better to structure a deal that will accommodate the landlord's needs with the least possible burden.<p><i>Part One of a Two-Part Series</i>
Business Crimes Hotline
September 01, 2003
Recent cases of importance to your practice.
Targeting Mutual Funds
September 01, 2003
Successful enforcement efforts against investment banks have emboldened state and federal authorities to target the next deep pocket in the securities industry: mutual funds, or more precisely, the funds' investment advisers. There are over 10,000 mutual funds in the United States today, with approximately $7 trillion in investments from approximately 83 million individual investors.
In The Courts
September 01, 2003
The latest rulings of importance to your practice.
Sarbanes-Oxley: A Wake-up Call for Labor
September 01, 2003
Legislative winds are now stirring to strengthen financial accountability in labor organizations by amending their financial disclosure requirements and by arming the Department of Labor with greater enforcement tools. Labor leaders should learn from the failures of their business counterparts, and not wait for labor scandals to cause a legislative backlash like the Sarbanes-Oxley Act.
The Incredible Shrinking Privilege
September 01, 2003
The headlines reporting multi-million dollar corporate guilty pleas often miss a point widely understood among white-collar practitioners: The driving force behind the corporate plea is often not the merits of the government's charge, but the corporation's need to reach a global settlement resolving administrative and criminal sanctions that could put the company out of business.
Work for Hire Agreements Do Not Provide Beneficial Copyright Ownership
September 01, 2003
In order to sue for copyright infringement, it is necessary for the plaintiff to be either the legal or beneficial owner of the copyright in the infringed work. The U.S. Court of Appeals for the Ninth Circuit has found that the creator of a work made for hire cannot be either a legal or beneficial owner of a copyright in such a work.

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