Arbitration: Rethinking the Pitfalls
November 02, 2015
Much has been written about the use of alternative dispute resolution (ADR) to address equipment leasing disputes, some of it positive and much of it negative. For a variety of reasons, the equipment lessor legal community has historically been reluctant to embrace alternative methods of avoiding protracted litigation.
State, Federal Law Differ on Franchisors As Joint Employers
November 02, 2015
It seems that the definition of employer under state law is becoming more restrictive but the definition under federal statutes has become more flexible. The reason is a federal political agenda to empower the National Labor Relations Act to encourage collective bargaining of employees of franchises.
<b><i>In the Spotlight:</i></b> Nuisance Liability in the Mixed-Use Context
November 02, 2015
The recent trend toward denser, more sustainable, and transit-oriented "mixed-use development" ' in which residential space is situated alongside and/or on top of retail, office and commercial space ' has the potential to improve urban quality of life greatly, but it also renews the potential for "nuisances," and consequently, for disputes over liability, compensation, and mitigation of the offending operations.
Office vs. Retail Leasing: Practical Considerations for the Retail Tenant
October 02, 2015
Experienced retail tenants are generally well versed in commonly negotiated retail provisions such as those pertaining to exclusive use rights, opening and operating co-tenancies, "go-dark" rights and percentage rent. This article discusses some of the material differences between common leasing concepts addressed in both retail and office leases.
U.S. Supreme Court Holds Local Sign Law Unconstitutional
October 02, 2015
A recent Supreme Court decision has potentially significant ramifications for municipal regulations throughout the country. In <I>Reed v. Town of Gilbert,</I> the Court found that the town's regulation of directional signs was not content-neutral and violated the free speech rights of a local church.
Ninth Circuit Insulates Corporate Insider from Preference Liability
October 02, 2015
"A corporate insider who personally guaranteed" the debtor's loan was not liable on a bankruptcy trustee's preference claim when the corporate debtor repaid its lender, held the U.S. Court of Appeals for the Ninth Circuit on May 6, 2015. Here's an in-depth analysis of the ruling.
Forum Selection Clause Held Waiver of Removal Right
October 02, 2015
A forum selection clause in an agreement provides that the parties "irrevocably consent to exclusive jurisdiction and venue of the state and federal courts in the state of Delaware." Does the provision constitute a waiver of a party's right to remove the case to federal court if the other party files suit in a Delaware state court?
