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Permitted Uses: Flexibility and Adaptability
When negotiating permitted-use clauses under retail leases, landlords attempt to achieve the most comprehensive limitations possible so as to avoid conflicts with other tenants' leases and violations of exclusive-use clauses that are maintained by other tenants in the retail facility.
Tenants, however, should be very careful to incorporate a certain degree of flexibility and adaptability into their leases' permitted-use clauses to take into account an evolving landscape for retail products, changes in technology, modifications in a company's retail focus and strategy, and constantly changing retail environments within various retail facilities.
This article addresses implementing these concepts when crafting a permitted-use clause for retail leases.
Evolving Landscape for Retail Products
Many years ago, a typical retailer that sold fine jewelry would limit their inventory to products that contained gold, silver, precious stones and other fine jewelry pieces. However, as the landscape of the retail sale of fine jewelry has evolved, those retailers are also engaging in the sale of watches, cigarette lighters, pens and other fine writing instruments, jewelry repair, manufacture or customization of jewelry settings, tie clips and other jewelry that may not be "fine jewelry" by its historical definition. As a result, since leases will exist over many years, retailers must take into account certain expansions within their use clause beyond their core operations at the time that the lease is negotiated, in order to take into account the evolving landscape for their retail products.
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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.
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?
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.