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Enforceability of Co-Tenancy Remedies
On Jan. 12, 2015, a California Court of Appeal, in Grand Prospect Partners, L.P. v. Ross Dress for Less, Inc., 232 Cal. App. 4th 1332 (5th Dist. 2015), held unenforceable a co-tenancy provision in a retail lease that allowed the tenant to accept possession of the premises but thereafter have no obligation to pay rent or open for business, even though the provision had been negotiated by two sophisticated parties with leasing expertise. While the court noted that the determination of the enforceability of co-tenancy provisions depends heavily on the facts of the case, the Grand Prospect decision still provides useful guidance about the likely enforceability of remedies that are often negotiated into co-tenancy and other lease provisions.
Background
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
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Bankruptcy Sales: Finding a Diamond In the Rough
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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
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Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.