Appellate Division Awards Compound Interest in Takings Case
June 28, 2005
In its April 19, 2005 decision in <i>520 East 81st Street Associates v. State of New York</i>, the Appellate Division, First Department, held that principles of just compensation require that claimant be awarded compound interest as part of its takings damages. While various Federal and state courts had previously awarded compound interest under such circumstances, <i>520 East 81st Street</i> marks the first time that a New York State Court has done so.
Negotiating Parking Privileges in Commercial Leases: What Every Tenant Should Know
June 28, 2005
Parking privileges are often essential to the businesses of commercial tenants. Given this proposition, it is surprising that many commercial tenants and their legal counsel often overlook important parking issues in favor of what may appear to be more pressing legal and economic issues in the lease negotiation process. This is unfortunate, as inadequate or ambiguous parking provisions can: 1) lead to costly legal battles, 2) harm a tenant's business, and 3) cause the deterioration of the landlord-tenant relationship.
The Leasing Hotline
June 28, 2005
Highlights of the latest commercial leasing cases from around the country.
Flat CAM Charges in Shopping Centers
June 28, 2005
Don't look back, but the gross lease of the not-too-distant past is making a comeback, as shopping center owners and retailers continue to seek absolute truth in the never ending uncertainty of budgeting and recovering common area maintenance ("CAM") charges. The latest and greatest chapter in this continuing saga has the parties establishing flat CAM charges with set percentage increases, in lieu of the variable cost recovery method that has been somewhat industry standard over the past quarter century.
The Emergence of IP Finance: A Bright Future Lies Ahead
June 28, 2005
A recent search of Amazon.com generated more than 2200 publications related to intellectual property. The publications covered a broad array of subjects including law, valuation, licensing, finance, management, and globalization. While this finding is illustrative of an expanding interest in intellectual property, the area of IP finance in particular is rapidly evolving and has the potential for significant growth.
News Briefs
June 27, 2005
Highlights of the latest franchising news from around the country.
How 7-Eleven Developed a New System-Wide Franchise Agreement
June 27, 2005
In 2004, 7-Eleven, Inc. offered its entire U.S. franchise network a new franchise agreement. More than 96% of the franchisees representing its 3400 franchised stores signed the new agreement. The plans, process, and activities that were a part of this endeavor and the experiences developing and implementing this new agreement offer insight to both franchisors and franchisees when planning system-wide changes and/or new franchise agreements.
