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March 26, 2010

A recent ruling of importance to you and your practice.

March 26, 2010

Many business owners who are faced with a matured bank loan or multiple debts that are long past due immediately think that bankruptcy is the only way out. This could not be further from the truth.

Sustainable Development

March 26, 2010

Despite common assumptions that today's environmental concerns stem from automobile emissions and industrial pollution, buildings actually have a comparably greater impact on the planet's environmental dilemma. Here's why going green helps developers and owners alike.

In the Spotlight: When Drafting Leases, Substance Matters

March 26, 2010

Drafters of (and all parties to) commercial leases should be aware that just using a magic phrase, such as "triple net," is probably insufficient to automatically alter the parties' otherwise express rights and duties.

Court Watch

March 26, 2010

Highlights of the latest franchising cases from around the country.

Reasons to Reevaluate REAs

March 26, 2010

This article raises the issue of whether it is now appropriate to reevaluate some of the primary provisions ' both business and legal 'of REAs.

Understanding GAAP

March 26, 2010

So many contracts contain the phrase "in accordance with generally accepted accounting principles," but do lawyers really understand what this phrase means or how it may affect a client in any given contract?

Landlord & Tenant

February 25, 2010

Key decisions that affect your practice.

What Rights Does an Abandoning Tenant Have?

February 25, 2010

Both commercial and residential tenants sometimes face the personal or economic need to leave leased premises before the expiration of the lease term. In times of economic recession, the problem is more serious ' both for landlords and for tenants ' than in boom times. What rights does a tenant have in this situation?

Mac's Shell Service, Inc. v. Shell Oil Products: Looking for the Practical Answer

February 25, 2010

Even though franchising represents a significant part of the commercial activity in the United States and the U.S. Supreme Court regularly considers legal issues pertaining to commerce, it's rare for the Court to hear a case that is directly related to franchising. But such a rarity took place on Jan. 19, 2010, in <i>Mac's Shell Service Inc. v. Shell Oil Products Co.</i> Craig R. Tractenberg, a partner at Nixon Peabody LLP, was in attendance, and he describes the oral argument.

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