Be Timely or Be at Risk
November 05, 2004
Parties to commercial leases often have opportunities to exercise rights that they have bargained for in the lease negotiation process. Those rights may be held by both the landlord or the tenant and may relate to the termination of the lease, the renewal or extension of the lease term, the right to expand or contract the premises, the right to reduce rent, the right to relocate the tenant to other premises or whatever the needs and creativity of the parties may have caused them to negotiate. Typically, these rights are important to the operation of the business of the landlord or the tenant, and the lease document requires that a right be exercised by giving notice in a certain manner and by a certain date. If the notice is not timely and properly given, the right may be lost.
Beyond the Basics: Leasing and Operational Audit Issues
November 05, 2004
Whether you work for a national retail chain or a local retail tenant, you should consider periodically performing lease audits to determine what type of short-term and long-term strategies to implement in an effort to keep your business viable. A lease audit that reviews and identifies risks and liabilities will assist you in developing and/or fine-tuning a business strategy that benefits your company.
The Leasing Hotline
November 05, 2004
Highlights of the latest commercial leasing cases from around the country.
In the Spotlight: Crafting Carve-Outs to Tenant's Obligation to Pay Operating Expenses
November 05, 2004
Much ink, thought, and aggravation have gone into crafting carve-outs to a tenant's obligation to pay its proportionate share of operating expenses. Depending on the relative leverage of the parties in the deal, the tenant may get significant concessions from the landlord, including carve-outs for capital items and other potentially costly expenditures.
Strategically Manage Occupancy Costs to Increase Law Firm Profitability
November 05, 2004
Aside from payroll, real estate costs are a large law firm's most significant expense. Even under the best circumstances, such expenditures — sometimes called occupancy costs — consume 8% to 10% of the typical large firm's annual revenue. These costs are not confined to rent; many firms finance millions of dollars worth of expenses associated with the construction of their space.
Is Your Client A Spammer?
November 01, 2004
We've covered the CAN SPAM Act fairly extensively from a "what is it" type of perspective. In this article, Board of Editors member Jonathan Bick provides some practical advice on how to advise those clients who want to send marketing e-mails lawfully (it just doesn't seem right to say "spam lawfully.
Making the Case for a 'Good Faith' Chapter 11 Filing
October 29, 2004
The distinction between recourse to Chapter 11 protection as a legitimate means to maximize the value of a company's assets and/or to restructure its financially troubled yet otherwise viable operations, on the one hand, and clear bankruptcy abuse, on the other, is sometimes murky. A court called upon to make such a distinction is obliged to "get into the debtor's head" and investigate the board's motives for commencing a bankruptcy case and, in some cases, to decide whether the debtor's otherwise permissible use of the powerful provisions of federal bankruptcy law is impermissible because the debtor's motives are antithetical to the basic purposes of bankruptcy.
Countdown Begins for the Revised FTC Franchise Rule and UFOC
October 18, 2004
On Aug. 25, 2004, the Federal Trade Commission (FTC) released its long-anticipated report on its proposed changes to the FTC Rule on Franchising and Business Opportunity Ventures (FTC Rule). When the new FTC Rule comes into effect, 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. There are also new exemptions for large transactions and large franchisees, and the FTC Rule will not apply to international franchise locations.
