In the Spotlight: Drafting Better Leases for the Commercial Tenant
May 30, 2007
Too many tenants' businesses have suffered severe financial consequences or lost leases as a result of poorly drafted provisions. Therefore, it is imperative that tenants negotiate better leases in order to protect their interests. The suggestions in this article provide proposed remedies for a few of the harshest lease provisions. Although market conditions always play a factor in providing negotiating leverage to a landlord or tenant, some of these proposals should survive scrutiny in any real estate market.
Protecting and Attacking Exclusive Use Provisions in Retail Leases
May 30, 2007
Exclusive use provisions form the foundation of the economic relationships between tenants and landlords in shopping centers across the United States. Landlords make use of these provisions to obtain the right tenant mix in their shopping centers as well as to demand premium rents from the tenants that desire these economic protections. Tenants desire exclusive use provisions to gain the competitive advantages and protections that such provisions afford to their products and services. With the proliferation of so-called 'big box' retailers in shopping centers and the phenomena of over-retailing in communities throughout the United States, exclusive use provisions are increasingly coming under attack. In <i>Tippecanoe Assocs. II, LLC v. Kimco Lafayette 671, Inc.</i>, 829 N.E.2d 512 (Ind. 2005), the Supreme Court of Indiana entered the fray on this issue with a decision that affects the way these provisions should be drafted. This article, through a discussion of the court's decision in <i>Tippecanoe Assocs. II, LLC</i>, describes how exclusive use provisions are coming under attack and practical ways to draft around these issues and to protect landlords and tenants with exclusive use provisions in retail leases.
Medimmune v. Genentech and Its Aftermath
May 30, 2007
A rare U.S. Supreme Court decision in January 2007 may change the way parties negotiate patent license agreements in the future. The <i>Medimmune, Inc. v. Genentech, Inc.</i> decision has reversed the mainstream position that a patent licensee must discontinue paying royalties to challenge its obligation to pay royalties in a court of law. At face value, the decision might appear to be of little impact to parties of a patent license agreement. However, it could have a dramatic effect on how they approach the negotiation of a license agreement. In addition, the <i>Medimmune</i> decision has already been applied to patent infringement cases outside of the scope of licensing arrangements.
Lawyer Ads in Cyberspace
May 30, 2007
Nearly 30 years ago, the U.S. Supreme Court decided <i>Bates v. State Bar of Arizona</i> (433 U.S. 350 (1977; holding that 'blanket suppression' of attorney advertisements was an unconstitutional interference with First Amendment rights. However, the Court also recognized that some regulation of attorney advertising was necessary to protect consumers who lacked legal sophistication. Thus, the Court ruled that statements in lawyer ads that might pass muster in other industries could be misleading and were subject to reasonable regulation as to time, place and manner. The conflict between the First Amendment right to speech and the necessity and reasonableness of regulation of attorney advertising has continued to evolve since <i>Bates</i>, responding not just to changing mores regarding professional conduct, but to the challenges of new technology media.
Office 2007: Challenges and Opportunities for The Legal Community
May 30, 2007
The highly publicized release of Microsoft Office 2007' was received with caution in the legal industry. Promises of greater compatibility with non-Office programs were offset by a drastically redesigned user interface and concern over a new file format. Productivity hits and resulting end-user frustration are anticipated.
Let Litigation Support Take Charge
May 30, 2007
This article identifies select law firm issues that can significantly impact cost and speed throughout the entire case lifecycle, and offers viable solutions to dealing with them.
24-Hour News Cycle? Not on a Blogger's Life
May 30, 2007
Amid the screaming and righteous indignation of the Don Imus incident, communications crisis managers were learning their own lesson. And it wasn't that TV networks, hit in the pocketbook, can get very moral (we already knew that); it was that speed really does kill.
Sales and Service Strategies
May 30, 2007
Have you ever wondered why, when everyone in your firm supports the concept of business development, you just can't seem to get initiatives implemented? While business development inside a law firm isn't a new concept, many directors and CMOs have so far failed to recognize just how significant an impact these initiatives will have on the basic structure and organization of the firm.
Technology in Marketing
May 30, 2007
It's not just who you know anymore that counts in the business of law. It's what you know and how you and others can access the information when a client needs it. When a client calls and asks, 'Can you help us negotiate an acquisition of a power plant in Dubai,and do you have lawyers experienced with this kind of transaction?' how quickly can your firm respond?
Getting Systems in Line
May 30, 2007
As law firms realized the benefits of having a billing system specifically designed to their needs, they sought out systems that could help streamline the then-manual processes for searching conflicts and managing client files. IT personnel are most likely more familiar with the processes involved in managing time and billing system conversions. However, the same methodology cannot be applied universally from system to system. For firms about to embark on records management or conflicts management conversions, recognition of how these key firm systems define and manage data is critical to ensuring a successful transition.
