Features
Thinking Outside of the Big-Box: Understanding License Agreements
One critical component to the successful evolution of a shopping center is creating a stronger connection with community through attractions, events and promotions that bring a fresh vibrancy to the centers. These specialty relationships and other short-term relationships are generally memorialized in a license agreement rather than a traditional lease.
Features
The Comprehensive Plan Requirement
Does a local law requiring site plan review satisfy the statutory requirement when a town (or village) has enacted neither a formal comprehensive plan for a zoning ordinance?
Features
The Tax Cuts and Jobs Act — How It Affects Real Estate
<b><i>Part One of a Two-Part Article</b></i><p>The Tax Act is the most sweeping change to the U.S. federal income tax laws since 1986. This and future articles discuss the individual tax and business tax provisions that affect real estate investment and investors in real estate.
Features
Affirmation of the Alien Venue Rule
<b><i>In re: HTC Corporation</b></i><p>The Federal Circuit recently addressed motions to transfer and drew a distinction between motions based upon the convenience of parties and witnesses and those for improper venue. It also clarified that the Supreme Court's recent decision in <i>TC Heartland</i> did not supplant the long-standing rule that venue laws do not protect foreign defendants.
Features
State Attorney-Client Privilege Rule Incorporated into Federal Law
<b><i>Delaware Bankruptcy Court Protects Communications with Financial Professionals Originating In Delaware</b></i><p>Because state law applies at the time the transaction is negotiated, the parties might assume — reasonably so — that state privilege law will govern communications with their attorneys and financial professionals. But what happens if, years later, a fraudulent transfer plaintiff files suit in federal court and brings claims under federal law? Does state privilege law still apply?
Features
Loan-Out Corporations after Tax Reform and CA Supreme Court Decision in 'Dynamex'
The tax reform bill signed by President Trump at the end of 2017 has caused us to take a fresh look at many long-held assumptions about how to take into account income taxes in planning for the entertainment industry. At the same time, the California Supreme Court recently decided a case that has the potential to eviscerate loan-out corporations entirely. This article discusses loan-out corporations in light of these two important developments.
Columns & Departments
Development
Developer Had No Vested Right to Subdivision<br>TDR Provision Not Adequately Referred to County Planning Board
Features
The Seizure of Attorney-Client Communications: Fighting Back
The government's seizure of attorney-client communications, a headline event when it involves the President's lawyer Michael Cohen, actually is a recurrent problem in white collar criminal investigations due to the convergence of several trends.
Features
Chapter 11 Plan Proponents: Getting Service Right
This article reviews the detailed service basics of Rule 3017 of the Federal Rules of Bankruptcy Procedure and relevant portions of Rule 2002. In addition, it provides some tips on how to save time and money when executing service.
Features
A Legal Primer for Making Indie Movies
While thousands of films are made each year in the United States and Canada, less than 800 were theatrically released in 2017, with many exceptional films failing to obtain commercial distribution because of legal issues.
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