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In the Spotlight: Things to Think About During Review of a Lease
To review another party's form commercial retail lease adequately and completely, one must analyze all the attached exhibits. You cannot stop your review at the signature block.
The question one needs to consider is whether the exhibits to the lease either supplement the lease or potentially modify its terms and conditions. The answer to this question will ultimately be of value during the term of the lease, when the lease terms and conditions are being administered.
In an article that ran in January 2007, we discussed the following 'standard' exhibits: 1) legal description; 2) site plan; 3) landlord and tenant work letter, and 4) memorandum of lease. While there are almost an infinite number of exhibits that one could attach to a lease form, certain exhibits are more common than others in the commercial real estate context.
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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.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
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?