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.
e-Leasing: Building an Effective Process
October 08, 2004
Improved operational efficiencies and the potential for lower-cost market penetration and expansion are just a few of the more common business justifications for adoption of an e-commerce process. These same justifications, as well as others, are sure to resonate with the equipment leasing industry. An initial consideration in adopting any e-commerce process is an analysis of relevant e-signature and e-record laws and the risks inherit in electronic transactions.
In The Marketplace
October 08, 2004
Highlights of the latest equipment leasing news from around the country.
The Leasing Hotline
October 06, 2004
Highlights of the latest commercial leasing cases from around the country.
