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Predispute Contractual Waivers of Jury Trial
January 31, 2007
Predispute waivers of jury trials are unenforceable under California law, subject to certain limited exceptions. While the recent California Supreme Court case of <i>Grafton Partners v. Supreme Court</i>, invalidated such waivers, there remain two ways that parties can agree, predispute, to avoid a jury trial in commercial real property related transactions.
Index
January 31, 2007
A complete list of the cases included in this issue.
Leasing Seminars and Conferences
January 31, 2007
A listing of upcoming leasing seminars and coferences.
In the Marketplace
January 31, 2007
Highlights of the latest equipment leasing news from around the country.
Motor Vehicle Leasing in Canada: A Guide for U.S. Leasing Professionals
January 31, 2007
Last month's installment discussed current Canadian law with respect to vicarious liability. Part Two of this series addresses how to register a security interest in motor vehicles, appropriate titling law, and the Motor Vehicle Dealers Act.
Clarity Ahead for Enforcing Jurisdiction Clauses in the EU?
January 31, 2007
In a recent development that will likely be of interest to lessors and other parties conducting business in Europe, the American Bar Association has urged the U.S. government to sign, ratify, and implement the Hague Convention on Choice of Court Agreements (the 'Choice of Court Convention'). The Choice of Court Convention accomplishes many goals that have long been sought by the United States. Most importantly, it provides a mechanism for the recognition of certain judgments rendered by U.S. courts, namely judgments resolving a dispute arising out of a commercial agreement that was submitted pursuant to an exclusive choice of court agreement. (See American Bar Association, Recommendation adopted by the House of Delegates (Aug. 7-8, 2006), at <i>www.abanet.org/intlaw/policy/investment/hcca0806.pdf.</i>)
February issue in PDF format
January 31, 2007
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The Leasing Hotline
January 31, 2007
Highlights of the latest commercial leasing cases from around the country.
Revisiting Credit Support in Early Sale Transactions
January 31, 2007
The current popularity of real estate as an investment class has fostered a favorable environment for the sale of shopping centers, among other properties. With demand seeming to outstrip supply and competition fierce among institutional purchasers, many shopping centers are now sold before the retail spaces therein are fully leased and income producing. Because institutional purchasers typically require a minimum level of return on their investment dollar, they typically will not accept full responsibility for the completion of project leasing. Accordingly, in such early sale transactions, sellers frequently retain some measure of post-closing leasing risk.
You Thought You Had a Radius Clause: Wells Fargo v. Diamond Point Plaza May Change Your Mind
January 31, 2007
A landlord secures an anchor tenant with a big-name, stable, and successful chain store. The landlord negotiates that a percentage of this successful tenant's gross sales out of the landlord's location will constitute a portion of the rental payments. In order to protect his percentage rent, the landlord ensures that the lease contains a provision that (it thought) would forbid the tenant from opening another store in close proximity to the landlord's property. Therefore, the landlord has sufficiently guaranteed not only a base rental payment, but also a portion of the tenant's success, and it is confident the tenant will be very successful in the area. The landlord is thrilled, right? Maybe not. New case law indicates that courts may interpret the landlord's lease provision protecting against a new store, a radius clause, in a manner different from the way the landlord had intended.

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