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.
Rule B: Good Riddance to Maritime Pre-judgment Attachments of EFTs
February 24, 2010
While those who made a living prosecuting (and defending) Rule B attachments have to be disappointed by <i>The Shipping Corporation of India, Ltd., v. Jaldhi Oversees Pte. Ltd.</i>, the commercial bar generally and participants in international trade, including generally equipment lessors (<i>e.g.,</i> marine cargo container lessors), are grateful for the decision.
Taxpayer Suffers SILO (Pre-tax) Loss in Wells Fargo
February 24, 2010
In <i>Wells Fargo & Company v. United States</i>, a court considered for the first time SILOs involving domestic municipal transit agency lessees. While one would have thought that the domestic and federally approved nature of the transactions would have some influence on the decision, they did not.
Costly Tenant Leasing Mistakes Can Be Avoided
February 24, 2010
The first part of this article addressed the power of leverage and competition when entering the leasing market. The conclusion herein discusses construction costs and turnkey solutions.
Gross Leasable Area and Excluded Area
February 24, 2010
In an environment where it has become increasingly difficult for landlords to lease space in their retail projects, landlords have employed a new strategy to compensate for the ever increasing vacant space within their retail projects.
Market Value for Property Tax Purposes in a Recessionary Market
February 24, 2010
A market value analysis for property tax purposes differs significantly from a market value analysis for other business purposes, such as financing or acquisitions. When deciding whether to file a property tax appeal and pursue the negotiation of a settlement and/or trial of your appeal, it is essential to understand this crucial difference in valuation methodology.
Economic Stimulus and False Claims Act Liability
January 28, 2010
Setting aside the contentious issue of whether stimulus activities are good for the economy at large, it is important that applicants for, and recipients of, stimulus funds realize that participation in these programs could result not only in significant benefits, but also in exposure to legal liability.