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Landlord Solutions For Avoiding Uncertainty
In today's commercial real estate market, uncertainty is about the only real thing that is certain. Between ever-changing consumer tastes, increased Internet shopping in lieu of customers traveling to brick-and-mortar retail stores, greater competition between national franchises and mom-and-pop shops, tighter availability of lender financing, and the uncertainty of what will happen under a new government administration, the road ahead begs many questions without clear answers for commercial landlords. In this period of flux, where landlords no longer enjoy the same position of strength and leverage they once had over prospective tenants, it is critical to try and negotiate independent guarantees that best suit each particular deal and (hopefully) hedge against the downside of a potential tenant default and resulting litigation.
As with any other contract, lease negotiations are a process of give and take. In the world of personal guarantees, landlords have many options at their disposal, including a variety of full and limited guarantees that range in scope, coverage and duration. Herein, we briefly highlight some of the particularities and nuances of guarantees that commercial landlords and their attorneys should bear in mind during lease negotiations.
Full vs. Limited Guarantees
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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.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?