News Briefs
June 01, 2004
Highlights of the latest franchising news from around the country.
Court Watch
June 01, 2004
Highlights of the latest franchising cases from around the country.
Peddlers or Partners?
June 01, 2004
Much as in the courtroom, service providers and clients often find themselves struggling with an adversarial dynamic, which, of course, is counter-productive to both partners and their mutual interests, and entirely avoidable.
Pearls For Practitioners
June 01, 2004
The Sedona Conference, a nonprofit organization dedicated to facilitating reasoned and just development of law and policy in several emerging areas, held its sixth annual meeting on Complex Litigation (Complex Litigation VI) March 25 and 26 in the scenic red-rock tourist destination of Sedona, AZ. <br>In response to the ever-increasing demand by lawyers, judges and litigants for guidance related to the duties, opportunities and overall complexities of litigation in the digital world, the conference again focused on electronic discovery. <br>Among myriad issues related to e-evidence discussed were retention and preservation of records.
CT Supreme Court Sets Computer Evidence Standards
June 01, 2004
In a ruling expected to be to computer technology what <i>State v. Porter</i> is to scientific evidence, the Connecticut Supreme Court in early May decided what foundation is needed for computer-generated evidence to be presented at trial. <br>As with <i>Porter</i>, the May 3 decision in <i>State v. Alfred Swinton</i>, which upheld Swinton's murder conviction, is expected to extend far beyond the case that spawned it.
Proportionate Share Adjustments: Tenants Beware of Costly Calculations
June 01, 2004
Most retail and shopping center leases contain a provision — which appears fair and reasonable on its face — to the effect that the tenant's proportionate share of the center or retail area is fixed at a certain percentage, <i>eg,</i> 35%. This percentage is then utilized by the landlord for the purpose of calculating the tenant's contribution to real estate taxes, common area maintenance expenses, and insurance premiums incurred by the landlord in operating the center or building. However, it's not always simple to calculate that share. For example, assume a theater tenant negotiated a lease in a center under construction, which provided that its proportionate share of the center was 35.2%, based upon the detailed plans and specifications for the center then in existence. Upon completion of the center, the tenant was presented with a statement by the landlord advising that the theater occupied 50%. In addition, when the theater tenant was negotiating the lease, it was advised by the landlord that its share of the common area maintenance charges was estimated at approximately $250,000. The bill the tenant received for its share of common area maintenance charges for the first year of operations was approximately $3 million. How could this happen? And how can you prevent this from happening? Read on.
In the Spotlight: Negotiating a Meaningful Right of First Offer, First Refusal
June 01, 2004
Rights of first offer and first refusal are frequently sought by tenants, especially for space contiguous to the original leased premises, in order to give tenants a combination of flexibility and leverage when dealing with their potential expansion requirements. Landlords are understandably reluctant to grant such rights, as they may interfere with the landlord's ability to accommodate the future needs of existing or prospective tenants.
Modifications to the Shopping Center: A Tenant's Perspective
June 01, 2004
In most shopping center leases across the country, there is a provision that relates to the landlord's right to modify, change, add to, subtract from, and/or alter the size, dimensions, character, and construction of the shopping center. Very often, these provisions further grant the landlord the right to change the entrances, the number of parking spaces, the dimensions of hallways and corridors, the number of floors, the placement of kiosks, carts and retail merchandising units in the common areas, the location and arrangement of the common areas, and the merchandising mix of tenants. Generally, this type of a provision is viewed as boilerplate within the lease document and does not receive a great deal of negotiation from tenants.
The Leasing Hotline
June 01, 2004
Highlights of the latest commercial leasing cases from around the country.
