Limiting the Covenant of Quiet Enjoyment
April 01, 2016
Landlord shall assure Tenant of quiet enjoyment and possession of the Premises, and Tenant shall enjoy all rights herein granted without interference." This type of clause, in one form or another, is likely to be found in any commercial lease. This article discusses some considerations for drafting this covenant, including ways by which a landlord may limit its scope.
<b><i>In the Spotlight:</i></b> Exclusive Use Provisions
April 01, 2016
When grocery store giant Winn-Dixie Stores Inc. found itself in competition with dollar stores that were leasing premises in the same shopping complexes, it brought suit for violation of exclusive-use provisions in its leases. The surprise was that Winn-Dixie sued not its landlords, but the three dollar store chains operating in the pertinent 100+ shopping centers!
Leading the Law Department: Hire the Best
April 01, 2016
For the inside counsel revolution to succeed, the General Counsel must follow a basic dictum: Hire the best. The key to the legal function's credibility with the CEO and senior line executives is to seek broad-gauged lawyers who are outstanding technical experts, wise counselors and effective leaders to occupy the top specialists jobs in the company and to be general counsel in the main operating divisions.
A Perfected Lien Is Trumped: Must It Be 'Use It or Lose It'?
April 01, 2016
As creditors well know, a lien holder must be vigilant in both perfecting and maintaining the perfection and priority of its lien. But even a creditor that properly maintains its lien may find that enforcement of (or more specifically, failing to enforce) that lien can affect priority.
Assignment of Lease
April 01, 2016
When entering into a lease, one exit strategy contemplated by many a tenant is to assign the lease to a third party prior to the expiration of the term of the lease. This article addresses those issues a tenant should attempt to address in the assignment document in order to limit the tenant's potential liability under the lease.
When a Law Firm Partner Divorces
April 01, 2016
Going through a divorce can be tumultuous for everyone involved. When one of the parties is a partner in a law firm, those challenges are sometimes elevated for both the partner and the law firm.
Drone Financing Opportunities Emerge As FAA Creates New Drone Regulations
February 29, 2016
Is financing or leasing drones a flight of fancy or a real business opportunity for lenders and lessors? In this article, we show that, properly structured, opportunities for financing and leasing commercial drones exist today, but will grow rapidly in the foreseeable future for lenders and lessors ("financiers") as the drone industry produces ever more sophisticated equipment and services.
Real Property Law
February 29, 2016
Several major rulings are analyzed and discussed in depth.
<i>Levandusky</i> After 25 Years
February 29, 2016
The authors review 13 recent cases, dating from 2011 through 2015, that invoked the business judgment rule. The cases discussed show that the all-important <I>Levandusky</I> ruling is still widely applied to give deference to a broad range of board actions.
