The Operating Expense Gross-Up
November 26, 2010
Landlords and tenants that include property taxes as a variable expense for purposes of a gross-up provision should provide for a thorough and detailed accounting methodology to avoid disputes when those expenses are billed.
Real Property Law
October 29, 2010
Recent rulings of interest to you and your practice.
Applicability of the Interstate Land Sales Act in New York
October 29, 2010
In two recent cases, sponsors in New York State, the state that has the most complex regulatory scheme for the sale of condominiums in the United States, have been found to have failed to comply with the less rigorous disclosure mandated by the Interstate Land Sales Act ("ILSA").
Can a Victim of Domestic Abuse Get Out of a Lease?
October 28, 2010
In our day-to-day practice as family law practitioners, we help clients negotiate their way through the maze that is divorce. Besides the usual parenting and financial issues, some clients experience abuse at the hands of their spouse, a significant other or another household member. If this happens, the victim can obtain a Protective Order. However, as is too often seen in the newspapers, the Protective Order is merely a piece of paper and does not guarantee safety.
When the Virtual Storefront Is the Home Front
October 27, 2010
One of the virtues of e-commerce has always been its low barrier to entry. For little investment of time or money, anyone can set up shop online, whether selling advice or widgets. But can something so easily accomplished really be a business? Will an entrepreneur run something out of her spare bedroom the same way as if she had venture capitalists peering over her shoulders, demanding a business plan, financial statements, budgets, marketing plans and everything that a bricks-and-mortar retailer has (except the expense of leasing space)? If not, she may treat it as just another hobby, something to handle in her free time.
Rare Move By the U.S. Supreme Court
October 26, 2010
In a rare ruling, the Supreme Court unanimously held that a franchisee that stays in business cannot sue for constructive termination under the Petroleum Marketing Practices Act.
