Using a License Agreement Instead of a Lease
January 31, 2008
Given the need of landlords to be relieved of the onerous burdens and frustrations of traditional landlord-tenant litigation, a license agreement may be useful for the right business plan.This article discusses the license agreement — its limitations and its powers. It also dissects and explains when and how to use a license agreement, and the ability to effectuate self-help properly.
Measure the Premises Twice: Cut the Deal Once
January 31, 2008
Measuring the premises in advance of the letter of intent can help to avoid backtracking on points and re-negotiating the business deal during the lease negotiation process.
El Toro: A Red Flag on Lease Rejection Damages
January 31, 2008
The U.S. Court of Appeals for the Ninth Circuit recently issued the first circuit-level decision regarding what sort of damages are subject to the cap imposed by Bankruptcy Code '502(b)(6) on landlords' claims arising from a debtor's rejection of a nonresidential real property lease.
In the Spotlight: Ten Suggestions for Owners Starting a Major Construction Project
January 31, 2008
There comes a time in the life of almost every company when it will engage in a major construction effort. Here are 10 basic suggestions from a seasoned construction litigator, who has spent 20 years working on the back end of troubled projects, to help you on your way to a successful — even though it may, at times, seem stressful — project.
The Rise in Family Responsibility Discrimination Cases
January 29, 2008
Part One of this article began a discussion of the dramatic increase in cases alleging caregiver discrimination. Part Two herein discusses the most recent cases and guidelines involving this area of the law, and how employers can best protect themselves, given the explosion of family responsibility discrimination (FRD) cases and the open issues that could further impact the number of FRD filings.
Industry's Lead Counsel in Music-Sharing Suits Discusses Procedural Aspects of Campaign
January 29, 2008
The RIAA has filed thousands of legal actions since its campaign against unauthorized file sharers began in 2003. For the past two years, Holme Roberts & Owen ('HRO'), based in Denver, CO, has served as national coordinating counsel for these cases. Late last year, the first trial against a file-sharer resulted in a jury in Duluth, MN, finding the defendant liable for willful infringement and awarding the record company plaintiffs $222,000. HRO partner Richard L. Gabriel is the record industry's lead counsel in that case and in its national campaign. He recently gave an update on the Duluth case and the industry's legal efforts against file sharing in a discussion at his office with Stan Soocher, Associate Professor of Music & Entertainment Industry Studies at the University of Colorado Denver and Editor-in-Chief of <i>Internet Law & Strategy</i>'s sibling newsletter <i>Entertainment Law & Finance</i>.
