Reevaluating REAs
May 25, 2010
Part One of this article discussed how the economy has impacted the flexibility and control of REAs, nontraditional occupants, consolidation and conveyance of improvements. Part Two described operating covenants and monetization of real estate. The conclusion herein focuses on parking, site plan and use restrictions.
Using Ground Leases in a Difficult Economy
May 25, 2010
Particularly given the dramatic shifts in the real estate market in recent years, and the unpredictability of interest rates, inflation, taxes and other economic factors going forward, greater attention is being focused on ground leases. Here's why.
Loss in Injury and Death Matters
April 29, 2010
Careful attention to all the elements of economic loss, and careful discovery on damages, is essential in ensuring a fair recovery that compensates the plaintiff for what was actually lost.
<i>Tiffany v. eBay </i>
April 29, 2010
The recent decision of the Second Circuit in connection with the appeal in <i>Tiffany (NJ) Inc. and Tiffany & Company v. eBay, Inc.</i> represents a thorough and well-considered exploration of the basis for finding secondary liability in the electronic marketplace for those who facilitate the sale of infringing goods without ever selling the goods and, conversely, the way for the maker of the marketplace to avoid liability for infringements by those who sell on its site.
Insurance Coverage For Patent Infringement Claims
April 29, 2010
Courts across the country, and particularly in California, have long been reluctant to construe standard commercial general liability insurance policies to provide coverage for patent infringement lawsuits. However, the Ninth Circuit's recent decision in <i>Hyundai Motor v. Nat. Union Fire Ins.</i>, suggests that, at least when the patented invention is itself a method of advertising, an insurer will owe a duty to defend a patent infringement lawsuit under the "advertising injury" provisions of many standard CGL policies.
