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How the Federal Government Can Learn from the Evolution of CA's Family Leave Act
The advent of CA SB761 and the recent approval of CA SB770 signifies progress in the evolving quest to provide paid family leave for instances such as maternity leave.
The Meaning of 'Clothes'
A case pending before the Supreme Court is putting a new spin on the question, "What are you wearing?"
The 'Right to Be Forgotten'
How do the fast-spreading "Right to be Forgotten" and "Ban the Box" initiatives affect employers looking to screen for criminal activity among their job applicants? You'd be surprised.
Hidden Risks of Leasing Retail Space
There are often"hidden" risks that may not be addressed by tenants in their lease negotiations. This article addresses certain of these concerns.
Franchise Compliance
How can a franchisor be sure about where to draw the line and how strictly to enforce the rules that are set out in the franchise agreement or operations manual?
In the Spotlight: Holdover Tenancies
Tenants that fail to vacate their premises at the expiration of the term can cause significant damage to the economic health of a commercial property ...
Ground Lease Tug of War
Absent express language, different jurisdictions have interpreted and determined ownership of ground lease improvements in varying ways.
On the Move
Who's going where; who's doing what.
Three for Three
As can be expected, bankruptcy cases often involve numerous claimants holding general unsecured claims against the debtor. As a result, an official committee is usually appointed under Bankruptcy Code section 1102 to represent the interests of all of the debtor's unsecured creditors. Upon approval of the bankruptcy court, Bankruptcy Code section 1103 authorizes the committee to retain attorneys, accountants and other professionals to assist it in performing its services during the course of the bankruptcy'
Equitable Mootness
Equitable mootness is a judge-made remedy that is misnamed, says the author.. Judges apply it to seek an equitable result, but mootness in the constitutional sense is absent.

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  • The Availability of Self-Help Evictions to Commercial Landlords
    A landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.
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  • 'Customary Operations' or A Vacant Building?
    Many times, courts are faced with the question of whether a loss location is 'vacant' under a commercial property policy when trying to determine if the building owner or lessee is conducting customary operations. This article explores various decisions across the United States as to what is considered 'customary operations,' thereby rendering the property 'vacant.'
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  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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