Revisiting MLF 2008: What You Missed!
At the beginning of a new year, we always look back on the year that was. The Year in Review, beginning herein, will present a pared-down reprint of one article from each of the last 12 issues of MLF (six articles this month and six next month).
Equitable Distribution of the Appreciation in Value of Separately Owned Residences
In last month's newsletter, the authors discussed recent case law concerning the equitable distribution of the increased value of separately owned primary and secondary homes. Not all of these cases are in line with one another, leading them to the question: "How are courts really deciding who will benefit from increases in value in separately owned homes?"
Practice Tip: Expert Witness Selection
This article briefly outlines the historical development of the federal rules relating to expert witness discovery, discusses evolving judicial interpretations of the scope of expert witness discovery, provides a sampling of federal and state court rulings as to various types of expert witness discovery requests, and offers practical advice in respect to managing expert witness discovery.
Switching to Fixed Operating Costs
By carefully analyzing those items that are included in Fixed Costs, those items that are excluded from Fixed Costs, and the manner by which Fixed Costs will be escalated each year, a tenant can effectively convert from the payment of a proportionate share of additional rent expenses to the payment of a Fixed Cost expense. Here's how.
The Art in Marketing Strategy: Creativity vs. Memory
Many years ago, I worked at an ad agency whose creative director boasted of his ability to generate good advertising ideas. The problem was that his ideas weren't very good. His ad campaigns usually fell short of objectives, or at least, generated no excitement; nor were they very competitive. They rarely were the right ideas for the campaigns involved. After a while, I figured out what was wrong. The problem was that he wasn't creating, or even thinking. He was remembering.
