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Surviving the Retail Shift
As some retail tenants face failing businesses — or worse, they have already shuttered their stores — shopping center owners and managers must deal with the aftermath. The wreckage of a failed retail business often includes the tenant's personal property that remains in the leased space. Some retail tenants offer this personal property to the shopping center owner in negotiation of full or partial satisfaction of past and future rental and early termination of the lease. Other tenants simply turn off the lights, leave their furniture and equipment in the premises, and disappear. Critical to evaluating what to do with the personal property left in vacant leased premises is understanding the nature of that property and determining who has rights to it.
Fixtures v. Trade Fixtures
Almost every piece of property fits into one of two categories: real property or personal property. Real property includes land and items affixed to that land, like buildings and other improvements. Some items of personal property — for example, the materials needed to erect a building — become part of the real property as soon as they are affixed to that real property.
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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?