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October 26, 2010

Part One of this article discussed the financial and policy incentives for using solar energy. The conclusion herein addresses some of the practical considerations.

In the Spotlight: A 'Down-and-Dirty' Guide to Drafting Basic Landlord's Work Provisions

October 26, 2010

If a tenant fails to specify where installations should be placed, a landlord may install them in a manner that will minimize its costs even if such installations make little sense from an operational point of view. Savvy tenants will not let this happen.

Lease Termination Fees May Be an Avoidable Preference Under the Bankruptcy Code

October 26, 2010

Recently, the Eleventh Circuit considered whether future rent under a lease was "debt" for purposes of bankruptcy, and held that a tenant becomes "indebted" to the landlord for all future rental payments for the life of the lease at the moment the lease is executed.

Court Watch

October 26, 2010

Highlights of the latest franchising cases from around the country.

The Use of 'Use' Clauses in Restaurant Leases

October 26, 2010

This article covers one important issue that can be problematic for both landlord and restaurant tenant if not thoughtfully addressed within the lease: the "use" clause.

Unprecedented Challenges in Commercial Real Estate Restructuring

October 26, 2010

The authors identify some practical "watch out for's" when attempting to restructure a CRE entity against the backdrop of today's unprecedented market conditions.

In the Marketplace

October 26, 2010

Highlights of the latest equipment leasing news from around the country.

Civil Liability of Rating Agencies

October 26, 2010

The Dodd-Frank Act greatly increases rating agencies' potential liability under the securities laws. One impact is almost certain: In the future, rating agencies are unlikely to fare as well in the courts as they have in the past.

Developments in Distressed Lending

October 26, 2010

Recently, in <i>In re TOUSA Inc.</i> and <i>In re Capmark Fin. Group Inc.</i>, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.

Guarantee Alternatives to Improve Your Close Rate

September 30, 2010

If you are providing financing or bonding to small and mid-sized businesses, your firm will likely require personal guarantees from the principals of the client company. A competitive strategy to soften the perceived impact to those making the guarantees and to allow your company to mitigate its risk may be one of the keys to winning new business.

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Supreme Court Hears Arguments In Corporate Trademark Infringement Remedy Calculation Case
The business-law issue of whether and when a corporate defendant is considered distinct from its affiliated entities emerged on December 11 at the U.S. Supreme Court, with the justices confronting whether a non-defendant’s affiliate’s revenue can be part of a judge’s calculation of the monetary remedy for the corporate defendant’s infringement of a trademark.
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Navigating AI Risks: Best Practices for Compliance and Security
The most forward-thinking companies embrace AI with complete confidence because they have created governance programs that serve as guardrails for this incredible new technology. Effective governance ensures AI consistently aligns with an organization’s best interests, safeguarding against potential risks while unlocking its full potential.
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What Will 2025 Bring for Legal Tech
It’s time for our annual poll of experts on what they expect 2025 to bring in legal tech, including generative AI (of course), e-discovery, and more.
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AIAs: A Look At the Future of AI-Related Contracts
AI’s rapid market proliferation and regulatory expansion mirrors privacy’s, and businesses should model their contractual AI compliance on the successes of privacy law’s DPA and BAA.
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The Death of SEO: How AI Is Impacting Search, PPC and Cookies
Traditional keyword strategies and ranking tactics are losing ground to a more dynamic approach in which optimizing for search now means optimizing for every platform and user interaction. This evolution is appropriately being called “Search Everywhere Optimization.” The redefined SEO reflects how AI is not just changing how people find information but also how businesses need to think about visibility in an increasingly connected digital ecosystem.
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