In New York: Public Trust Doctrine Thwarts Retail Mall
September 02, 2017
In <I>Matter of Avella v. City of New York</I>, the New York Court of Appeals enjoined development of a retail, holding that the development proposal would constitute an impermissible alienation of parkland by the City of New York. Here are the implications of that ruling.
Key Points for Drafting Signage Clauses
September 02, 2017
<b><I>Protecting a Tenant's Right To Be Seen</I></b><p>When negotiating a lease on behalf of a commercial tenant, an attorney should be mindful of both the legal and business aspects of the transaction. While all tenants seek quiet enjoyment, it is important to recognize that perhaps equally central are vehicular visibility and foot traffic.
Landlord & Tenant
September 02, 2017
A look at a case involving a landlord's action to enforce a commercial lease provision regarding appraisal of real property.
Surviving the Retail Shift
September 02, 2017
<b><I>Part One: Manage Expectations and the Legal Process</I></b><p>So far this year, more than 3,200 retail stores have closed their doors. While this is certainly not the end of brick and mortar retail, owners and managers of shopping centers faced with dark stores and mounting receivables are asking "now what?" This article is the first in a five-part series.
Case Notes
August 02, 2017
Discussion and analysis of several key rulings.
Website Accessibility: The Law and Your Business Priorities
August 02, 2017
Many businesses have never thought to ask whether their customer-facing websites are accessible to people with disabilities, and only become aware of the issue when they are sent a demand letter or served with a lawsuit alleging that their site violates the Americans with Disabilities Act (ADA). Although an ever-increasing number of such demand letters and lawsuits are cropping up each year, the issue of website accessibility remains entirely foreign to many, perhaps most, business owners.
Confidential Lease Terms Versus Public Access to Government-Held Documents
August 01, 2017
Commercial landlords with multiple properties, or developments with more than one tenant, are generally loath to disclose to potential tenants the terms of leases into which they have previously entered. So, what happens when a government entity has demanded or been given a lease as part of a governmental process, such as when a landowner is seeking permission to build?
Court Holds That Deposits Would Be Hypothetical
August 01, 2017
In a recent ruling, the Ninth Circuit held that bankruptcy courts may permissibly engage in "hypotheticals within hypotheticals" so long as the inquiry is factually warranted and is supported by appropriate evidence, and provided further that the hypothetical action would not contravene any other provision of the Bankruptcy Code.
Do <b><I>Daubert</I></b> Motions Really Work?
August 01, 2017
<b><I>Part Three of a Three-Part Article</I></b><p>Last month, the author described two of his six tips for achieving success with <I>Daubert</I> motions. Here, he concludes by offering four more.
