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We found 2,419 results for "Commercial Leasing Law & Strategy"...

The Unfriendly California Skies: Avoiding Sales/Use Tax on Aircraft Purchases
October 01, 2003
Imagine getting slapped with a $100,000 past-due tax bill from the state of California several years after you purchased an aircraft, and you don't even live in that state. Think it can't happen? Better think again, as this type of scenario plays out with increasing frequency as California grapples with perennial budget shortages.
In the Marketplace
October 01, 2003
Highlights of the latest equipment leasing news from around the country.
The Aftermath of 9/11: Courts Reject Policyholders' Attempts to Circumvent the Plain Meaning of Business Interruption Coverage
October 01, 2003
The terrorist attack on the World Trade Center resulted in a large number of business interruption claims. Stated simply, business interruption coverage is intended to pay the financial losses incurred by an insured during the period necessary to repair the damage caused by an insured loss. Typical business interruption provisions allow for reimbursement of income lost and payment of fixed and continuing expenses. However, business interruption claims are still governed by the general maxim of insurance law: Recovery of insurance proceeds is not intended to place the insured in a better position than it would have been without the loss. Nevertheless, many policyholders are turning to their insurance companies to reimburse them in ways never contemplated by the parties or their insurance contracts. A prime example is the unwarranted attempts to expand the parameters of business interruption coverage in the wake of 9/11.
THE LEASING HOTLINE
September 22, 2003
Highlights of the latest commercial leasing cases from around the country.
Fool's Gold: Avoiding Pitfalls of 'Gold Clauses' in Long-Term Leases
September 22, 2003
All lawyers dealing with transactions involving transfers, assignments or amendments of long-term leases entered into prior to 1934 need to be aware of the possible ramifications of a 'gold clause' in the original lease.
Protecting Your Leasehold: Keeping Competitors at Bay
September 22, 2003
It is happening more and more — anchor stores going dark and landlords scrambling to fill the void. Unfortunately, in their zeal to relet, often landlords offer their empty spaces to prospective tenants who will change the structure of the center and compete with existing tenants. This article will discuss several bases upon which tenants may be able to rely to prevent a competitor from moving in, quite literally, next door.
In the Spotlight: Tenants Should Seek Flexibility in Negotiating Parking Privileges
September 22, 2003
Lease provisions that provide for the tenant to make periodic payments to the landlord for parking privileges are often unclear as to whether the tenant is required to pay for the availability of such spaces, whether or not the tenant utilizes them.
Location, Location and Location (But Relocation?)
September 22, 2003
Given the age-old maxim of retailers that what matters is 'Location, Location and Location,' it is often difficult for an in-line retail tenant to confront the fact that its landlord can require it to relocate its store to other space in a mall or shopping center. On the other hand, owners of malls and shopping centers must retain the right to expand, to add new anchors and to remerchandise their properties from time to time — thus, the 'Relocation' provision found in virtually all forms of in-line retail leases. This article explores the major issues that a relocation provision creates for a retail tenant and how some of those issues might be addressed in the lease.
COURT WATCH
September 13, 2003
Highlights of the latest franchising cases from around the country.
IN THE MARKETPLACE
September 11, 2003
Central Leasing Corporation of Birmingham, AL has named Barry Thomas as credit manager. Formerly vice president and group manager at SouthTrust Bank, Thomas will be responsible for overseeing the credit department for the commercial leasing and finance company. In addition, he will also be responsible for managing day-to-day operations.

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  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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  • Strategy vs. Tactics: Two Sides of a Difficult Coin
    With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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