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Key Points for Drafting Signage Clauses
When negotiating a lease on behalf of a commercial tenant, an attorney should be mindful of both the legal and business aspects of the transaction. While all tenants seek quiet enjoyment, it is important to recognize that perhaps equally central are vehicular visibility and foot traffic. After all, without customers, tenants cannot afford to pay rent.
Landlords should also not overlook the fact that an individual tenant's success is critical to the success of a shopping center. One of the most important factors that can affect a tenant's visibility and the success of a shopping center is that tenant's signs. Therefore, it is in the best interest of both landlord and tenant attorneys to craft language that gives the tenant the right to install the signage it deems best suited for the tenant's branding and financial success, while balancing the needs of the public and the shopping center. This article provides guidance to attorneys on the suggested signage provisions to be included when negotiating a commercial lease in New York, as an example, and discusses the importance of ensuring that tenants' rights and landlord obligations pertaining to signage are expressly addressed in the lease.
Negotiating the Lease
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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?