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Protecting Your Leasehold: Keeping Competitors at Bay
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.
Exclusive Clauses
By far the most obvious and oft-cited protective device for tenants is an exclusive clause. An 'exclusive' generally provides that the tenant, and only the tenant, may sell specified items or services. How broad or restrictive the clause is will depend on the relative negotiating power of the landlord and the tenant, and range from the very strong to the very weak. The most potent clause will preclude the landlord from allowing any other tenant in the center from selling one or more general categories of items; a more limited clause will allow another tenant to use only a percentage of floor space to sell competing items.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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.
The Article 8 Opt In
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Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?