The Basics Of Hiring A Contract Attorney
March 29, 2006
Law firms use contract attorneys to aid in large-scale document reviews such as those often required in e-discovery, and for mergers, internal audits and other matters that require an influx of temporary help. Of course, the subject matter involved in these wide-ranging projects varies, which makes contractors an ideal solution for dynamic business. If a project requires that attorneys or other workers who are or may be involved have a specific background, then law firms, or the agencies they hire, may well be better positioned using temporary workers who also may be making a specialty of the work required. And often, projects require only a general legal background, which makes finding candidates far easier. But whatever the situation that demands looking for short-term or long-term employees ' for staff positions or contract work ' firms should consider the key factors when hiring contract attorneys.
Avoiding Boilerplate Traps in Commercial Leases
March 29, 2006
Last month, Part One of this article provided tips by Christopher A. Jones and Scott A. Weinberg. This part discusses other possibly problematic lease provisions regarding the name/address of the building, rules and regulations, legal fees and expenses, and the sale/exchange and assignment of the lease by the landlord.
The Leasing Hotline
March 28, 2006
Highlights of the latest commercial leasing cases from around the country.
Understanding the Issues in Leasing Office Space for or to Federal Governmental Entities
March 28, 2006
Several federal agencies and independent agencies and commissions have leasing authority granted by the U.S. Congress (<i>ie</i>, NASA for specific space needs; FDIC; SEC; U.S. Military for recruitment stations and other specific needs; Smithsonian Institution and others). The General Services Administration ('GSA') provides a large percentage of the commercial leasing space needs for the balance of governmental entities and certain services for even those within their own authority. The GSA has recently retained third-party brokerage firms on a national basis to assist the government in its leasing of office space. As more brokers — and, in the future, lawyers — are asked to assist the government with its space needs, an understanding of the leasing issues specific to the government is required. This article details some of these issues, and suggests ways to address them in your lease.
The Doctrine of Implied Co-Insureds
March 28, 2006
Over the past several decades, federal and state courts nationwide have heard cases where the implied co-insureds doctrine has been asserted and have come to totally different conclusions. The doctrine holds that an insurer may not bring suit by way of subrogation against a tenant who negligently or willfully causes damages to property insured under an insurance policy procured by a landlord on the ground that the tenant is a co-insured under that policy. Recently, the U.S. District Court for the Southern District of New York considered a case involving the implications of the implied co-insureds doctrine and the events of Sept. 11, 2001.
Assuring the Lessors' Protections Afforded By the Finance Lease
February 28, 2006
Generally, the lessor/lessee relationship is governed by Article 2A of the Uniform Commercial Code (the "UCC"). In many respects, Article 2A mirrors Article 2, treating ordinary lessors like sellers. 2 James J. White & Robert S. Summers, Uniform Commercial Code '13-3 (4th ed. 2005). For example, under UCC '2A-210 the ordinary lessor has express warranty liability similar to that incurred by a seller under UCC '2-313. Additionally, Sections 2A-212 and 2A-213 impose the familiar warranties of merchantability and fitness for a particular purpose on ordinary lessors. A lessee can assert the lessor's breach of these warranties by effectuating setoff, by suit for damages or by withholding performance. <i>Id.</i> Furthermore, where the lessee has filed a petition for relief under Title 11 of the United States Code (the "Bankruptcy Code"), the debtor-lessee may object to the allowance of the creditor-lessor's claim for rejection damages by asserting that the leased equipment was defective or unsuitable for the lessee's particular business.
In The Marketplace
February 28, 2006
Highlights of the latest Equipment Leasing news from around the country.
Libeling Lawnmowers?
February 27, 2006
The tort of commercial disparagement falls generally within the penumbra of libel and slander-related claims, although it is overshadowed by the more commonly recognized version of the tort relating to personal claims (like those celebrities frequently bring against supermarket tabloids). Yet not only are claims based upon the libeling of an object a legitimate cause of action, they can result in verdicts for plaintiffs. A better understanding of this little-known tort is necessary if a company is to evade the risks it poses.
Avoiding Boilerplate Traps in Commercial Leases
February 27, 2006
Boilerplate in a commercial lease ' notably in the Miscellaneous section ' is not nearly as uniform and standard as one might think. Boilerplate provisions therefore merit careful review by each party to the lease, and sometimes vigorous negotiation. Law firms are often tenants but sometimes also landlords; the authors provide advice for protecting both interests.
