In the Spotlight
March 27, 2007
The broker provision of a lease should acknowledge the broker or brokers entitled to compensation and provide representations that the parties have not worked with any other broker in connection with the lease. Typically, the parties also agree to indemnify each other for violating these representations.
A Tenant's Perspective on Co-Tenancy
March 27, 2007
In order to protect against a shopping center becoming less populated with retail department stores or so-called 'anchor' tenants, tenants will request, and frequently obtain, co-tenancy provisions in their lease documents. While theco-tenancy provisions will vary from tenant to tenant, most co-tenancy provisions will at least protect the tenant from 'anchor' stores ceasing to operate (<i>i.e.</i>, 'going dark') and from a certain percentage of 'in-line' tenants being closed for business. However, the co-tenancy provisions are often very vague as to how a landlord will be deemed to have cured a situation where an anchor store has closed for business.
Index
March 06, 2007
A complete listing of the cases in this issue.
Medimmune: New Rules for Patent Licenses?
February 28, 2007
The Supreme Court's <i>Medimmune</i> decision relates directly to the federal courts' jurisdictional requirement of case or controversy, but by overruling the Federal Circuit's <i>Gen-Probe</i> decision it may also have changed the balance of power between patentees and licensees.
Supreme Court Rules on MRL
February 28, 2007
The Supreme Court of California determined in January that the state Mobilehome Residency Law (MRL), codified at Civ. Code, ' 798 <i>et seq.</i>, does not preempt local rent control ordinances that allow mobilehome park owners to separately charge park residents for property taxes imposed on park land. <i>Cacho v. Boudreau</i>, 40 Cal.4th 341 (Cal.,1/11/2007) (Kennard, J.). The opinion clarified an apparent conflict between the MRL and the mobilehome rent control law then in force in the City of Chula Vista ' a local law similar to many rent control ordinances throughout the State. The decision also resolved a split among the Appellate Divisions as to which items may be considered components of 'rent' for which landlords may raise monthly rents without violating the anti-gouging provision of the MRL.
An Overview of the New FTC Rule
February 28, 2007
On Jan. 22, 2007, after more than a decade of study, the FTC released its long-anticipated new Federal Trade Commission Rule on Franchising (the 'New Rule'). The New Rule comes into effect on a voluntary basis on July 1, 2007, with compliance becoming mandatory on July 1, 2008. Additional compliance guides are expected by July 1, 2007. Franchisors will have to make significant changes to their existing disclosure documents and follow new rules for how and when they are delivered to prospective franchisees.
What Leasing Counsel Need to Know About Arbitration
February 27, 2007
Part One of this series analyzed the consideration that leasing counsel should give to discovery, locale selection, confidentiality, and expediting the arbitration process. This month's installment discusses issues relating to arbitrator-selection.
Information Security Obligations
February 27, 2007
One of the most pressing issues faced by any business, but especially those in the financial services industry, is the privacy and security of financial and other nonpublic information. This is the first in a series of three articles addressing some of the key issues surrounding corporate responsibility with respect to the privacy of information and security breaches. Whether public or private, small company or large, if you or your client are in possession of the personal information described below, the following series of articles is essential reading.
