Would you like to be alerted of new articles on Landlord And Tenant? Check out LawKT Premium. Law Firm Publications on Landlord And Tenant [See Also: News Articles] Last update: Mar 19, 2007 Gibbons: Achieving Efficiency in Lease Forms  Oct 03, 2005 Landlords might consider proffering `prenegotiated' leases, with built-in compromises. "ANY METHOD OF negotiation may be fairly judged by three criteria: It should produce a wise agreement if agreement is possible. It should be efficient. And it should improve or at least not damage the relationship between the parties." So say Roger Fisher and William Ury in Getting to Yes 4 (2d ed. 1991) Winstead: Karey Nalle Oddo  Sep 19, 2005 Karey's diverse experience on both sides of the docket in state and federal courts enables her to focus on the client's goals in preparing successful litigation strategies. Real estate litigation including claims involving title and easement disputes, wrongful foreclosure, improper liens, landlord/tenant disputes and property rights Various business litigation matters including deceptive trade practices, contracts, trademarks, securities and business torts Environmental litigation, Winstead: Audit Gross Sales of Tenant Exercising Kickout or Rent ...  Sep 01, 2005 Audit Gross Sales of Tenant Exercising Kickout or Rent Reduction Right. You may have been forced to give a strong retail tenant either a performance kickout right or a reduced rent remedy Greenberg Traurig: The Third District Adds Three New Judges  Jul 01, 2005 ...by Linda Griffiths Bulecza The date is January 3, 2005, and the First District Court of Appeal will never be the same. She spurned the formal retirement party and courtroom ceremony, preferring Gibbons: When Do Efforts to Collect Overdue Rent Constitute Debt...  May 13, 2005 COVERING THE TATES OF S NEW JERSEY AND PENNSYLVANIA. andlords seeking to collect overdue rent from their tenants Dorsey & Whitney: 2004 Annual Pro Bono Report  May 01, 2005 A Message from the Managing Partner Overview Civil Rights for the Accused and Incarcerated Death Penalty Joe Lee Guy Osbaldo Torres Innocence Project State Public Defender Federal Public Defender Civil Rights for Native Americans Civil and Public Rights Voter Registration School Desegregation Lawyers' Committee for Civil Rights Under Law Conceal Gun Law Challenge Nonprofits Family Support Network Project for Pride in Living Cornerhouse Colorado Uplift REAL Something Good in the World, Inc. Winstead: John P. Kincade  Mar 01, 2005 ...com John's practice focuses on federal and state court litigation, trial, arbitration and appeal of complex matters in the principal areas of securities, business, corporate, Dker/dealer, class action, real estate, financial institution and constitutional litigation. Texas Supreme Court - Briefing AttorneyThe Honorable Franklin S. Spears, 1986-87 Securities: Defense of securities fraud claims against publicly traded companies and their officers and directors, including obtaining Rule 12(b) Arnold & Porter: Bankruptcy Issues for Landlords and Tenants (PDF: 76.4 ...  Oct 01, 2004 Issues and Information for the Insolvency Professional. A motion to assume or reject requires court approval, but in practice the standard is a fairly deferential one--most often articulated as a "business judgment test." Assumption of the lease is, essentially, a decision to retain the lease Lowenstein Sandler: "Lowenstein Sandler: A Continuing Commitment To Pr...  Aug 01, 2004 Lowenstein Sandler: A Continuing Commitment To Pro Bono Service. The Editor interviews Robert C. Boneberg, Chair of the Pro Bono Committee at Lowenstein Sandler PC. Editor: How long have you been the Chair of the Pro Bono Committee at the firm Greenberg Traurig: Developing Clients as an Associate  Jun 08, 2004 "Business development and networking." As you have lunch at your desk that day, you try to wrap your head around the logic behind only inviting partners to an event that is designed to help develop business for the firm. Other than the sheer logistics of handling the extra people, you really cannot come up with an answer Pepper Hamilton: Warranty of Suitability for Business Purpose in Commerc...  Mar 22, 2004 Law Firm of Pepper Hamilton LLP | Publications @import "style.css"; -- Register/Login Publications Warranty of Suitability for Business Purpose in Commercial Leases 03/22/2004 This article was originally published in Real Estate: A Supplement to The Legal Intelligencer and Pennsylvania Law Weekly on March 22, 2004. Picture this scenario: An office supplier enters into a five-year lease for retail space and discovers shortly after moving in that the roof leaks whenever it rains, causing stained Dorsey & Whitney: March 2004 Pro Bono Bulletin  Mar 01, 2004 Dorsey ey LLP is a fully integrated, multi-practice law firm with offices in the United States, Canada, Europe and Asia. Judith Andrade is doing pro bono work for the Washington Legal Clinic for the Homeless, a non-profit organization in Washington DC that seeks to ensure homeless individuals have access to quality legal services Winstead: Counseling the client on escalation issues in commercia...  Mar 01, 2004 Abraham P. Friedman Escalation clauses in commercial leases lend themselves to misuse, misinterpretation, and miscalculation. The methods used include: · A fixed increase each year; · A percentage increase based on either the consumer price index ("CPI") or another index that purports to measure inflation; · An increase based on the actual increase in the landlord's operating expenses and real estate taxes; or · A combination of two or more of the above methods Bell: Bidding Construction Projects  Jan 01, 2004 Substantive Issues And Landlord/Tenant Negotiations Regarding Tenant Build-Out LAW RESOURCE SERIES This chapter first appeared in Construction Law in Illinois 2004, published by the Illinois Institute for Continuing Legal Education (IICLE). Stanley P. Sklar is a member of Bell, Boyd & Lloyd LLC in the firm's Construction Law Group and is a nationally known construction law attorney with nearly 30 years of experience in providing legal services to the construction industry Bell: Substantive Issues And Landlord/Tenant Negotiations Reg...  Dec 01, 2003 Substantive Issues And Landlord/Tenant Negotiations Regarding Tenant Build-Out LAW RESOURCE SERIES First published in the Lease Negotiation Handbook on August 19, 2003 and is reprinted with permission. Substantive Issues And Landlord/Tenant Negotiations Regarding Tenant Build-Out THE AUTHOR. Ballard Spahr: Download a PDF version of this newsletter  Nov 01, 2003 Labor and Employment/Real Estate Alert. We want to provide you with a background of Title III and some of our recent experience handling the defense of a Title III lawsuit Taft: The Counselor Fall 2003  Oct 10, 2003 Hugh E. Wall III has become a partner with the firm and is serving as partner-in-charge of the new Dayton office. He joined the firm as an associate in 1972, was elected a shareholder in 1979 and became of counsel in 2000 Dorsey & Whitney: September 2003 Pro Bono Bulletin  Sep 01, 2003 Issue No. 43 September 15, 2003 A Publication of the Dorsey ey LLP Pro Bono Program neapolis: Amy Xu represented a client in a landlord-tenant housing case. The security deposit (in the amount of $585) was not returned by the landlord Gibson Dunn: UK/US Business Leases - A Distinction Without A Differe...  Jun 30, 2003 ...- Not Necessarily Summer 2003 By Alan A. Samson and Kate Temple As most of our UK and US based readers will know, there are many common threads to real estate investment in the US and in the UK. Despite these similarities, there are also numerous substantive differences in the two statutory and common law frameworks as they affect business leases. This article endeavours to highlight some of those principle differences and to demystify some of the more esoteric ones Gibson Dunn: Lease Terminations in a Soft Leasing Market: Issues for...  Jun 30, 2003 Gibson Dunn - Publication Detail - Lease Terminations in a Soft Leasing Market: Issues for Landlords to Consider (Publication) Attorneys & ProfessionalsEntire Site Related Practice Groups Real Estate See more Real Estate Publications Lease Terminations in a Soft Leasing Market: Issues for Landlords to Consider Summer 2003 By Jesse Sharf and Kamyar David Shabani Commercial tenants who leased space at the peak of the leasing market several years ago were generally more anxious to get into their Winstead: Street-Savvy Street Leasing  Jun 20, 2003 Whether in a turn-of-the-century building in a central business district or a "new downtown" in the suburbs, downtown retail leasing provides unique challenges, from both the landlord's and the tenant's perspective. In most downtown settings, each building is a "mixed used" development, having different uses on different levels ­ usually retail on the first or street level and office/hotel/residential (or any combination thereof) above the street level Dorsey & Whitney: 2002 Pro Bono Annual Report  Jun 01, 2003 " -- John Wesley5 HUMAN RIGHTSDorsey's commitment to Human Rights issues has long been a huge part of our pro bono program. Both trial and business lawyers have taken on a variety of Human Rights issues.ANTI TERRORISM LITIGATION TEAM Philip Baker-Shenk David Bieging Kathryn Clune Robin Dierbeck Richard Powers Ralph Taylor Xu ZhangAnti-Terrorism LitigationAs part of our pro bono work in support of international human rights, our Washington DC office served as cocounsel for a group of U.S. Pepper Hamilton: Under the Boardwalk or By the Old Mill Stream Vacation ...  May 30, 2003 These issues can be opportunities or obstacles, depending upon the family situation and the market. For instance, the seashore house purchased 30 years ago may have appreciated dramatically in value and represent a significant taxable asset in your estate Faegre & Benson: Understanding the Impact of Minnesota's New Gun La...  May 01, 2003 Faegre n LLP: Understanding the Impact of Minnesota's New Gun Law on Real Estate //Pop-it menu- By Dynamic Drive //For full source code and more DHTML scripts, visit http://www. com //This credit MUST stay intact for use var linkset=new Array(); //SPECIFY MENU SETS AND THEIR LINKS. FOLLOW SYNTAX LAID OUT // linkset populated in favorites Dechert: Good Title Property News  / Issue 66 /&n...  May 01, 2003 Well, the good news in the Budget was a general freeze on stamp duty rates and an indication that the residential and commercial markets will be decoupled in the future. Raising the cap for stamp duty exemption for commercial property in disadvantaged areas is also welcome, providing a fillip to value for a number of prominent developments and business districts Clifford Chance:   Closing Time  Apr 01, 2003 ...(There is a similar relief for land sold. The Inland Revenue assessed inheritance tax based on the value of the holding on death, as IHTA 1984 requires Dechert: Good Title Property News / Issue 65 /&nb...  Apr 01, 2003 However, what was interesting was looking at the performance of the various funds over the calendar year to date, one year, three years and five years. In each of those periods property was the best performing of all the funds, ranging from investments in smaller companies, North America, Europe, ethical, FTSE companies, gilts and fixed income Arnold & Porter: Master Leases and Cross Default Clauses in Bankruptcy (...  Apr 01, 2003 Master Leases and Cross Default Clauses in Bankruptcy. Michael L. Bernstein and Charles A. Malloy Choate: Choate Real Estate Newsletter - Security Deposits v. Le...  Mar 01, 2003 Dechert: Good Title Property News / Issue 64 /&nb...  Feb 01, 2003 Recent research by ABN Amro, the Investment Property Databank and Oxford Property Consultants, shows that returns from limited partnership vehicles were higher than those from direct property. By contrast, direct property returns from IPD clients (largely the major funds and institutions) were 8 Dechert: Good Title Property News / Issue 63 /&nb...  Dec 01, 2002 The end of one year and the beginning of another are traditionally times for reflection and prediction. Figures from the IPD show that property has outperformed both equities and gilts since 1992 and the outlook over the next 10 years is positive Saul Ewing: "The Fire and the Furious: Surprising Twists in th...  Nov 01, 2002 The Fire and the Furious. BY DENNIS H. BOWER AND IVY B.WAGNER Special to the Legal and PLW Dechert: Good Title Property News / Issue 62 /&nb...  Nov 01, 2002 Preliminary enquiries are so often a ritual dance, loathed by clients and lawyers alike, but much-needed improvements are at hand. The Commercial Property Standard Enquiries were published in September Goodwin Procter: Supreme Court Decision Changes Rights of Landlords and ...  Oct 28, 2002 BANKER SMAN Supreme Court Decision Changes Rights of Landlords and Tenants THE REAL ESTATE, BANKING AND COMMERCIAL WEEKLY FOR MASSACHUSETTS ESTABLISHED 1872. Court of Massachusetts makes a dramatic change in the rights of commercial landlords and tenants in Massachusetts Allen & Overy: Real Estate - Oct 2002  Oct 01, 2002 C O N S U LTAT I O N PA P E R S Land Registry consultation on new land registration rules Consultation papers in connection with Commonhold and Leasehold Reform Act 2002 Consultation paper on execution of deeds and documents by corporations Consultation paper on reforming planning enforcement. O C O N V E YA N C I N G Commercial property standard enquiries Enquiries of the water companies on a purchase of property 6 6 Musick Peeler & Garrett: ?LOSS OF USE? UNDER ?PROPERTY DAMAGE? COVERAGE REQUIRES...  Sep 05, 2002 ...(FN1) The court held that “loss of use of tangible property” is limited to claims based on loss of use of property already in the claimant’s possession and does not cover claims based on denial of possession of property. The case arose out of a landlord-tenant dispute Gordon & Rees: Are Your Notices to Pay Rent or Quit in Compliance with...  Sep 01, 2002 SAN DIEGO 101 West Broadway Suite 1600 San Diego, CA 92101 Telephone: (619) 696-6700 Fax: (619) 696-7124 SAN FRANCISCO Embarcadero Center West 275 Battery Street Suite 2000 San Francisco, CA 94111 Telephone: (415) 986-5900 Fax: (415) 986-8054 LOS ANGELES One California Plaza 300 S. Grand Avenue Suite 2075 Los Angeles, CA 90071 Telephone: (213) 576-5000 Fax: (213) 680-4470 SACRAMENTO 740 University Avenue Suite 130 Sacramento, CA 95825 Telephone: (916) 565-2900 Fax: (916) 920-4402 ORANGE COUNTY Allen & Overy: Real Esate - Sept 2002  Sep 01, 2002 Y CONVEYANCING An easement can be implied to use land as a communal garden Major provisions of the Commonhold and Leasehold Reform Act 2002 into force Compensation for an incorrect local land charges search certificate 2 3 4. L A N D L O R D A N D T E N A N T Landlord and Tenant Act 1954 : Draft Order for Reform of Part II laid before Parliament A covenant not to "part with or share possession" means not to "part with possession or share occupation" Dechert: Good Title Index / Annual Index / A...  Aug 01, 2002 ...contested rent reviews] Old Edwards's almanac One voice for property Stamp duty and the budget ­ single or double whammy. In Parliament Land Registration Bill Allen & Overy: Real Estate - Aug 2002  Aug 01, 2002 CONTENTS C O N V E YA N C I N G Adverse Possession Beneficiary under bare trust is not in receipt of rents of land New regulations for first provisional open country map New regulations in force for vehicular access rights over common land. VER C O N T R A C T Collateral contracts: entire agreement clauses and Law of Property (Miscellaneous Provisions) Act 1989 Construction of contracts: "A man cannot be permitted to take advantage of his own wrong" Hayboo: Employment Obligations -- How the New Corporate Account...  Jul 26, 2002 Haynes Boone | KnowledgeConnect | Texas Legislature Enacts Statute Requiring Landlords to Mitigate Damages 3) { window. print(); } else { alert("Go to your File Menu and select Print."); } } else { document Musick Peeler & Garrett: COURT OF APPEAL: PERSONAL INJURY COVERAGE FOR WRONGFUL ...  Jul 22, 2002 The court held that this form of “Personal Injury” coverage is limited to claims based on an actual ejection or removal of the claimant from land the claimant previously occupied and does not cover claims based on a denial of access to a right of or possession of land. The Universal Underwriters case arose out of a landlord/tenant dispute Sullivan & Worcester: Massachusetts Sales Tax Exemption For Purchases Of Util...  Jul 01, 2002 ...write( '' ); // -- Massachusetts Sales Tax Exemption For Purchases Of Utilities By Businesses With Few Employees Tax Department Client Advisory #2002-07 July 2002 Printable version (Adobe PDF) Massachusetts generally collects a sales tax on purchases of tangible personal property, and also gas, electricity, and steam, at a rate of five percent (5%) of the gross receipts collected by the seller. The seller collects the tax from the purchaser and pays it over to the Massachusetts Department of Ashursts: Property litigation Annual Review  Jul 01, 2002 On the development side, site assembly projects are being pursued, lease renewals being contested and adjoining owner disputes resolved. Rights of light and restrictive covenant claims are particularly prevalent, especially in City redevelopment projects Allen & Overy: Real Estate - July 2002  Jul 01, 2002 ...er may delay completion if the seller is not registered, but must still pay interest Estate rentcharges can encompass payment of rates and may not need to expressly stipulate that payments due are reasonable Developer permitted to obtain declaration that development would not cause substantial interference with sporting rights RICS Common Auction Conditions Conveyancing instructions obtainable online Draft regulations for vehicular access over common land E-conveyancing - new Land Registry Hayboo: What Every Franchise Lawyer Needs to Know About Insuran...  Jun 18, 2002 Haynes Boone | KnowledgeConnect | Propst v. McNeill: Arkansas Landlord-Tenant Law, A Time for Change 3) { window. print(); } else { alert("Go to your File Menu and select Print."); } } else { document Gordon & Rees: Protectionism Gone Awry? The Daly Eviction Amendment to...  Jun 02, 2002 The Daly Eviction Amendment to the San Francisco Residential Rent Stabilization and Arbitration Ordinance (Administrative Code Chapter 37, Sections 37. 10A of the San Francisco Rent Stabilization and Arbitration Ordinance (Rent Ordinance) went into effect today, on June 2, 2002 (Daly Amendment) Faegre & Benson: Assessing Mold Claims  Jun 01, 2002 ...com //This credit MUST stay intact for use var linkset=new Array(); //SPECIFY MENU SETS AND THEIR LINKS. FOLLOW SYNTAX LAID OUT // linkset populated in favorites. With increasing frequency, mold – and liability associated with exposure to mold – is in the news Allen & Overy: Real Estate - May 2002  May 01, 2002 C O N V E YA N C I N G An application for the modification of a restrictive covenant failed on the grounds that the restriction was not obsolete and secured a practical advantage on the persons entitled to the benefit of it Lack of possession of charge certificates does not invalidate notice to complete Rights do not extend to installation of new drainage system Land Registry receives £1. 5 million to develop electronic conveyancing and launches the European Land Information Service Agent of Dykema Gossett: May 2002  May 01, 2002 President Bush recently signed into law the Small Business Liability Relief and Brownfields Revitalization Act. Second, the amendment facilitates the redevelopment of contaminated properties by providing additional funding for existing brownfield programs and by making it easier for someone to purchase property without fear of getting caught up in a potentially costly clean up Mayer Brown: Proposals for procedural reform of the Landlord & Tenan...  Apr 01, 2002 Dechert: Streamlining the Business Tenancy Regime  Apr 01, 2002 Landlords and tenants will welcome the news that the government will shortly be bringing forward changes to the Landlord and Tenant Act 1954 to streamline procedures and remove some traps and anomalies. The proposals are contained in the government's response to last year's consultation and have been revised in the light of the comments received (Business tenancies reform - consultation response, DTLR, February 2002) Thelen Reid & Priest: Perish the Publication: The Possible Effect of Barklee ...  Apr 01, 2002 Introduction The Barklee Realty case 1 could be the beginning of the final assault in the battle seeking to tear down the publication barrier which has constrained the formation of limited liability companies, limited partnerships and limited liability partnerships in the state of New York. The expensive and legally useless publication of formation announcement or qualification certificate has led many practitioners to advise their client to avoid New York when forming these entities Nutter McClennen & Fish: Financial Litigation Bulletin - Spring 2002  Apr 01, 2002 1st Circuit Addresses Pleading Standards for Securities Fraud Claims. In a March 2002 decision, the U.S. Court of Appeals for the 1st Circuit again addressed the heightened pleading standard that a party must satisfy to state a securities fraud claim under the Private Securities Litigation Reform Act (PSLRA) of 1995 Allens Arthur Robinson: Focus: Leasing  Mar 19, 2002 In brief: Leases often provide that landlords can refuse consent to assignment, where the assignee has inferior trading ability. Is this inconsistent with a landlord's statutory obligation not to unreasonably withhold consent Allen & Overy: Real Estate - March 2002  Mar 01, 2002 LANDLORD AND TENANT An obligation to repair only arises if there is disrepair A landlord who carries on a business in which he has a controlling interest can oppose the grant of a new lease if the business is to take up occupation of the property Time cannot be made of the essence of a rent review clause which has no time limits General service charge provision excludes managing agent's fee. PLANNING AND ENVIRONMENT Planning Reform Disused railway lines held not to be previously developed land Faegre & Benson: Comparing Leases in the U.S. and Germany  Mar 01, 2002 ...com //This credit MUST stay intact for use var linkset=new Array(); //SPECIFY MENU SETS AND THEIR LINKS. FOLLOW SYNTAX LAID OUT // linkset populated in favorites. This is the third in a series of articles comparing common U.S. business terms and practices with related issues overseas Hughes & Luce: Shopping Center Exclusives - A Reasonable Tenant's...  Feb 22, 2002 Gibbons: In-Sites  Jan 14, 2002 Breaking News On December 21, 2001, Congress enacted the Small Business Liability Protection and Brownfields Revitalization Act which amends the liability scheme established by CERCLA. President Bush signed this legislation on January 11, 2002. Real Estate Update Our real estate update contains a summary of cases and legislation from 2001 that impact the real estate industry and practice Gibbons: Real Estate Update  Jan 11, 2002 The expiry clause, however, provided a specific expiration date: We hereby agree with you that drafts drawn under and in accordance with the terms of this credit will be duly honored upon presentation and delivery of the documents as specified if presented at Chemical Bank Commercial Letter of Credit Dept., 55 Water Street, New York, NY 10041, on or before June 2, 1993 but not beyond June 2, 1994. The Court held that the clauses were not inconsistent and that the more general evergreen clause Shaw Pittman: Indiana Supreme Court Issues Opinion In Allstate Insura...  Jan 04, 2002 The Court held that: (i) environmental contamination of groundwater is not property damage under policies that define that term to exclude property owned by the policyholder, because the policyholder owned the groundwater; (ii) the owned property exclusion is ambiguous and does not bar coverage for the costs of remediating contaminated groundwater on a policyholder s land; (iii) personal injury coverage does not apply to the environmental claims at issue; (iv) all policies in force during the Allen & Overy: UK Real Estate  Jan 01, 2002 The complexity of today's market means that apparently straightforward property decisions often have far-reaching and profound funding, tax, construction, environmental and even employment implications. The development of the UK property sector as an asset class has been fuelled by domestic and international interest in the market, and facilitated by complex financing options which take advantage of the movement of capital in and out of the industry and around the global economy Allen & Overy: Hong Kong Real Estate  Jan 01, 2002 ...building management conveyancing - commercial - residential environmental issues government lands administration,advisory and consultancy - surrenders and re-grants - consent schemes - waivers - deeds of mutual covenant leasing - commercial real estate - residential real estate planning,zoning and land use real estate and land development work real estate finance - securitisation - mortgaging/charging/ refinancing real estate litigation - property fraud - landlord and tenant disputes - Allen & Overy: Hong Kong Litigation and Dispute Resolution  Jan 01, 2002 Capabilities AllensLitigationandDisputeResolutionpracticedealswithawiderangeof commercial disputes including. l l l l l l l l l l l l l l l l l l l arbitrations acquisitions, disposals and mergers banking, capital markets and derivatives commercial fraud and other areas of white collar crime corporate reconstruction and insolvency employment financial market regulation intellectual property insurance international sale of goods landlord and tenant libel mediation, expert determination and ADR Pillsbury Winthrop: On Real Estate - Fall 2001  Dec 01, 2001 Since William Edward Boeing first opened the doors to his airplane manufacturing company in 1916, The Boeing Company has remained at the top of America's highly competitive aeronautics industry through a combination of savvy business planning, efficient management, and the ability to creatively adapt to the changing economic environment. Realty Corporation, "CEOs of today's innovative companies are looking for a community that provides a vibrant live-work-play environment." To meet that demand, Pillsbury Winthrop: Real Estate Newsletter (Fall 2001)  Dec 01, 2001 Since William Edward Boeing first opened the doors to his airplane manufacturing company in 1916, The Boeing Company has remained at the top of America's highly competitive aeronautics industry through a combination of savvy business planning, efficient management, and the ability to creatively adapt to the changing economic environment. Realty Corporation, "CEOs of today's innovative companies are looking for a community that provides a vibrant live-work-play environment." To meet that demand, Dorsey & Whitney: 2001 Pro Bono Annual Report  Dec 01, 2001 ...specialized and high quality legal services. Pro bono binds the firm together and provides meaningful work experiences for our lawyers FROF: Construction Allowance Creates Tax Consequences  Nov 01, 2001 " The tenant will often want to perform construction work at the premises, and will ask the landlord for an allowance or contribution toward paying for that construction work. While the amount of the contribution is obviously a critical issue to both the landlord and tenant in determining if the transaction is feasible from an economic standpoint, it is not the end of the story. The savvy negotiator will also consider the impact that giving or receiving that allowance will have on his or her tax Allens Arthur Robinson: Unconscionability breaks new ground: how the ACCC test ...  Oct 15, 2001 Executive summary Regulating unconscionable and unfair business and governmental conduct - Limits on self-interested commercial conduct - Unconscionability provisions - Unconscionability developments - Wider implications for directors, MNCs, and GBEs References This paper by AAR consultant Bryan Horrigan was presented at an AAR client seminar in October 2001. Executive summary New developments in unconscionability, good faith, and statutory reform of trade practices and financial services Allen & Overy: Real Estate Litigation - Oct 2001  Oct 01, 2001 October 2001 The rules governing civil litigation in England and Wales (the CPR) fundamentally changed during 1999. There have been various updates to the CPR since that time, and as of 15th October, 2001 there will be a major change in the way that property related disputes are dealt with by the court Allen & Overy: Litigation - Oct 2001  Oct 01, 2001 CONTENTS Company Carecraft statements and undertakings by directors Conflicts of Law Service and Article 21 of the Brussels Convention Contract ECJ position on anti-competitive agreements and damages Costs More Court of Appeal guidance on after-the-event insurance Human Rights Equality of arms principle in civil cases Avoiding the banana skins Civil Procedure Rules Update News from the Lord Chancellors Department. Carecraft statements and undertakings by directors This case before the Court of Piper Rudnick: COMMUNICATIONS ALERT: D.C. Circuit Upholds FCC's Re...  Aug 01, 2001 Strasburger: Toxic Mold: Are You Ready for the Next Litigation Epide...  Aug 01, 2001 Just a decade later, all you have to do is pick up a newspaper or turn on the television to be confronted by "the mold problem." Whether you are a builder, property manager, developer, broker, bank, landlord, tenant, or in any other way associated with the real estate industry, you cannot afford to ignore potential problems. While economic damages alleged in black mold claims may at first appear deceptively small, verdicts and settlements in these claims can be substantial Hayboo: CLIENT ALERT: 457 Plans and the Economic Growth and Tax...  Aug 01, 2001 ...print(); } else { alert("Go to your File Menu and select Print."); } } else { document. James Warnica and Mary Simmons Mendoza also serve as members on the Committee Allens Arthur Robinson: Focus on Leasing  Jul 24, 2001 Unconscionability revisited - Berbatis overturned Damages awarded for loss of unenforceable lease Unconscionability revisited - Berbatis overturned In brief: A finding in proceedings instituted by the ACCC that a landlord had engaged in unconscionable conduct has been overturned on appeal1. One of the tenants, the Roberts, ran a fish shop in the centre Preston Gates & Ellis: Tenants' Ability to Install Antennas for the Recei...  Jul 20, 2001 Preston Gates & Ellis : Tenants' Ability to Install Antennas for the Receipt of Video Programming Upheld ArticlesAlertsNewslettersPresentations 7. 2001Tenants' Ability to Install Antennas for the Receipt of Video Programming UpheldBy: Susan B. Geiger, Martin L. Stern, W. David Thomas Download a printable version of this alertThe right of tenants to install antennas to receive video programming services of their choice and the authority of the Federal Communications Commission's ("FCC" or Strasburger: Ownership of Tenant Improvements May Lead to Unintended...  Jul 01, 2001 Real Estate News - July 2001 REAL ESTATE NEWS JULY 2001 Prepared by Beth Tiggelaar REAL ESTATE PRACTICE AREA Ownership of Tenant Improvements May Lead to Unintended Tax Consequences The scenario is familiar. A tenant prevails upon his landlord to grant him an allowance for improvements Faegre & Benson: Comparing Leases in the U.S. and U.K.  Jul 01, 2001 ...com //This credit MUST stay intact for use var linkset=new Array(); //SPECIFY MENU SETS AND THEIR LINKS. FOLLOW SYNTAX LAID OUT // linkset populated in favorites. This is the second in a series of articles comparing common U.S. business terms and practices with related issues overseas Hayboo: CLIENT ALERT: Recent News from INS and DOL  Jul 01, 2001 ...print(); } else { alert("Go to your File Menu and select Print."); } } else { document. James Warnica and Mary Simmons Mendoza also serve as members on the Committee Preston Gates & Ellis: Liening the Owner's Property Interest: A Pitfall f...  Jun 21, 2001 Therefore, where a contractor performs construction services at the request of a tenant, the contractor does not have a lien on the owner's fee interest in the property. Under normal circumstances, if the owner does not pay a contractor and the contractor has taken all the required steps to perfect its lien, the contractor can foreclose its lien Goodwin Procter: Landlords? Rights in Bankruptcy  Jun 01, 2001 Landlords' Rights in Bankruptcy. Every landlord today knows that the bursting of the dot-com bubble is resulting in bankrupt tenants Dechert: Personal Remarks - Can Some Covenants Never Be Personal...  May 26, 2001 ...by Keith Conway, Emma Slessenger Estates GazetteMay 26, 2001 Keith Conway and Emma Slessenger report on personal covenants and their application under the Landlord and Tenant (Covenants) Act 1995. Their article explains that statutory releases do not apply to personal covenants and that personal obligations will continue to bind the person who undertook them Ashursts: Property litigation Annual Review  May 01, 2001 Demand for quality space, particularly in the City, is still generating much work for us. party wall and rights of light claims reflect the increased development activity although, rather ominously, more insolvency claims may be the harbinger of stormier times Dykema Gossett: May-01  May 01, 2001 Chairperson J. PATRICK MARTIN 1663 Hoit Tower Bloomfield Hills, MI 48302 Chairperson-Elect DALE ANN IVERSON Grand Rapids Secretary JON H. KINGSEPP Bloomfield Hills Treasurer DEBORAH BERECZ St. Joseph Council GEORGE N. BASHARA, JR. Detroit JOSEPH M. BOURBEAU St. Clair Shores RICHARD L. "TONY" BRAUN Detroit CHARLES F. CLIPPERT Bloomfield Hills CAROLE CROSBY Troy W. PETER DOREN Traverse City GARY FARIA Bloomfield Hills DANIEL J. HOEKENGA Southfield RICHARD L. HURFORD Taylor ALAN M. KANTER McKenna Long & Aldridge: Insurance Advisor  May 01, 2001 LETTER FROM THE EDITOR Dear Reader: Every now and again a court decision highlights a practice of an insurer that is noteworthy to risk managers and coverage lawyers alike. As Murray Sacks and David Lawler explain, the court took a major insurance company to task for continuing, year in and year out, to sell a policy with arguably broad wording, but contending, when claims were presented under the policy, for a coverage-restricting reading Denton Wilde Sapte: Business Tenancies under Part II of the Landlord & Tena...  Mar 01, 2001 It is possible the page you were looking for does not exist or has been moved, please check and try again. Return to Denton Wilde Sapte Homepage Parker Poe: Russell B. Killen  Jan 01, 2001 ...com Outlook vCard: Practice Areas: Construction Commercial Litigation Telecommunications Experience: Mr. Killen has been involved in commercial litigation cases in the areas of construction, contract disputes, business torts, and franchise terminations. Mr. Killen has represented clients including public utilities, municipalities, architectural and engineering firms, hospitals, pharmaceutical companies, general contractors, national franchise chains, steel manufacturers, multi-national Nutter McClennen & Fish: Financial Litigation Bulletin- Fall/Winter 2001  Jan 01, 2001 The case against Canty Roofing and Sheetmetal, Inc. ("Canty"), a public construction contractor in Massachusetts, was brought by North American Specialty Insurance Co. ("North American"), which bonded Canty beginning in 1994 and against Dias re ("Dias"), an accounting firm. December 1995; and (2) the notes to the financial statements incorrectly suggested that Canty's founder would continue as its sole shareholder Buchalter Nemer: Points from the President  Dec 01, 2000 ...elf="n";//EXIT LINK FILTER //SEGMENTS AND FUNNELS hbx. We regularly represent national and regional developers, governmental agencies and municipalities, financial institutions and other clients in the broad range of real estate transactions and asset-based financing Buchalter Nemer: Landlord Liens: How Big of an Impact?  Dec 01, 2000 Winter 2000 Landlord Liens: How Big of an Impact. elf="n";//EXIT LINK FILTER //SEGMENTS AND FUNNELS hbx Buchalter Nemer: Assignment and Subletting Strategies In a Rising Market  Dec 01, 2000 ...elf="n";//EXIT LINK FILTER //SEGMENTS AND FUNNELS hbx. 1 Without a crystal ball to predict rents, the landlord ideally would like to preserve all options and have total control over any lease transfer by absolutely prohibiting transfers2 or permitting a transfer on any condition the landlord imposes Buchalter Nemer: Controlling CAM Charges  Dec 01, 2000 ...elf="n";//EXIT LINK FILTER //SEGMENTS AND FUNNELS hbx. CAM Charges consist of common area maintenance charges that are passed through to the tenant Buchalter Nemer: Due Diligence ABCs for Income Property Lending  Dec 01, 2000 ...elf="n";//EXIT LINK FILTER //SEGMENTS AND FUNNELS hbx. Such lender would want to ensure that its borrower has a certain and continuous flow of rental income from the real property collateral to punctually meet its loan obligations Buchalter Nemer: Special Leasing Needs of Internet and New Media Compani...  Dec 01, 2000 Winter 2000 Special Leasing Needs of Internet and New Media Companies var fscontrolTP = new Object(); fscontrolTP.site_pn=location. elf="n";//EXIT LINK FILTER //SEGMENTS AND FUNNELS hbx Allens Arthur Robinson: Contaminated Land  Nov 15, 2000 The aim was to remove the monopolies of government electricity authorities and create a competitive marketplace in which customers could "shop around". On-supply agreements The most recent changes deal with on-selling of electricity by property owners to retailers in embedded networks (jargon for the sale of electricity by landlords to tenants) Allens Arthur Robinson: Focus: Leasing  Oct 15, 2000 Make good goes bad Notice the difference Make good goes bad In brief: Landlords often seek to re-lease premises with fit-out in place while at the same time retaining the right to require the recently vacated tenant to make good. A recent Queensland Court of Appeal decision illustrates the pitfalls Troutman Sanders: All About Parking: Behind the Wheel with the Tenant  Oct 01, 2000 And then there are the signs - reserved parking, compact cars only, delivery trucks between 8 am and 6 pm, towing at owner's expense, etc. We travel by car and when we arrive at our destination, we need to park Burr & Forman: Summer 2000 Construction Law Bulletin  Jul 01, 2000 Because of the construction lien statutes existing in almost all states, contractors on private projects risk paying twice for services and materials provided by their subcontractors. If a contractor pays its subcontractor, but its subcontractor fails to pay its subcontractors (or "subs") and suppliers, those entities have the right to file a lien on the owner's private property Shaw Pittman: The Convergence of Real Estate & Technology: Developers...  Jun 01, 2000 Alert Title: Business and Finance/Real Estate Date: 06/01/2000 Topic: The Convergence of Real Estate ology: Developers ords Beware. Alert: It is common knowledge that the three most important rules of real estate are: location, location and location Gibbons: In-Sites May/June 2000  Jun 01, 2000 IDEAS AND ISSUES TO BROADEN REGIONAL PERSPECTIVES ON DEVELOPMENT. In-Sites The Newsletter for Clients and Friends of the Firm GIBBONS, DEL DEO, DOLAN, GRIFFINGER IONE FROF: Exploring Hot Topics in Negotiating Commercial Leases i...  Apr 17, 2000 Akin Gump: Working With Work Letters  Apr 01, 2000 The initial construction of a tenant's space has the potential for causing considerable friction between a landlord and tenant, and this can set the tone for the landlord-tenant relationship throughout the lease term. This article is intended to identify many of the issues a tenant should consider when negotiating a work letter Akin Gump: Leasing To High-Tech Tenants-New Leases For The New Eco...  Mar 01, 2000 MARCH2000 LEASING TO HIGH-TECH TENANTS--NEW LEASES FOR THE NEW ECONOMY Lines of business that did not exist a few years ago (or in some cases, a few months ago) have moved from the garage, basement or other similarly modest locations into leased space more responsive to the needs of their high-tech occupants. In that process, such tenants have become an increasingly powerful force in the real estate marketplace Morrison & Foerster: Electronic Records and Signatures  Feb 01, 2000 For this reason, businesses engaged in electronic commerce have supported federal, state and international initiatives that mandate equivalent recognition of electronic documents and authentication methods. Notably, in July/August of 1999, the National Conference of Commissioners on Uniform State Laws (“National Conference”) approved and recommended for enactment the Uniform Electronic Transactions Act (“UETA”) Morrison & Foerster: Electronic Records and Signatures  Feb 01, 2000 For this reason, businesses engaged in electronic commerce have supported federal, state and international initiatives that mandate equivalent recognition of electronic documents and authentication methods. Notably, in July/August of 1999, the National Conference of Commissioners on Uniform State Laws (“National Conference”) approved and recommended for enactment the Uniform Electronic Transactions Act (“UETA”) Gray Cary: A Grab Bag of Key Developments in Employment Legislatio...  Jan 01, 2000 1, but adds sexual orientation to the Fair Employment and Housing Act’s list of personal characteristics upon which employment decisions may not be based (race, sex, etc. This new law extends to victims of sexual orientation discrimination the full panoply of rights and remedies available to victims of other unlawful discrimination under the FEHA. While prudent employers have always worked to eliminate sexual orientation discrimination in their workplaces, employers’ vigilance should be Lane Powell: Real Property: Landlord-Tenant Law  Nov 01, 1999 Real Property; Landlord-Tenant Law. INTRODUCTION NUTS AND BOLTS FROF: Legal Issues To Consider When Selling Your Dental Pract...  Oct 20, 1999 Shearman & Sterling: Lessee Liability for Environmental Contamination*  Oct 01, 1999 The issue of lessee liability for hazardous substance contamination generally arises under the Federal Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"). Second, and perhaps as a result of the first, the majority of litigated federal cases regarding environmental liability exposure arise under CERCLA. Third, as discussed below, CERCLA imposes liability for remediation of a "release" or "threat of a release" on current and certain former "owners" and "operators" of Denton Wilde Sapte: Penalties of Holding Over ? Tenants Beware!  Sep 01, 1999 It is possible the page you were looking for does not exist or has been moved, please check and try again. Return to Denton Wilde Sapte Homepage Adams Kleemeier: There''s No Place Like Home  Jul 01, 1999 ...com Required Beach Reading: The New Vacation Rental Act Effective January 1, 2000, the Vacation Rental Act goes into effect and will regulate vacation rental property in North Carolina. The new Act changes all that and applies to the rental of residential property for vacation, leisure or recreational purposes, whether single family homes, condominiums, or apartments Denton Wilde Sapte: Property Brief (Issue 8)  Jun 01, 1999 It is possible the page you were looking for does not exist or has been moved, please check and try again. Return to Denton Wilde Sapte Homepage Hinshaw & Culbertson: Lawyers' Malpractice Prevention Update - June 1999  Jun 01, 1999 Hinshaw & Culbertson: Lawyers' Malpractice Prevention Update  Jun 01, 1999 Denton Wilde Sapte: The Landlord and Tenant Act 1987 - Issues for Landlords...  May 07, 1999 It is possible the page you were looking for does not exist or has been moved, please check and try again. Return to Denton Wilde Sapte Homepage Denton Wilde Sapte: Part 1 of the Landlord and Tenant Act 1987 ? The Lender...  Apr 07, 1999 It is possible the page you were looking for does not exist or has been moved, please check and try again. Return to Denton Wilde Sapte Homepage Troutman Sanders: Spring 1999  Apr 01, 1999 MINIMIZING LEGAL RISKS IN PLANNING AND MANAGING CONSTRUCTION PROJECTS. Planning and managing a large design and construction project is a major commitment of resources, the success or failure of which can impact a company's financial and business success for years after completion Morgan Lewis: Overlooked Issues in Negotiating the Space Lease: Antic...  Apr 01, 1999 Overlooked Issues in Negotiating the Space Lease: Anticipating the Future Eric L. Stern and Robert L. Cooney, Jr.. In negotiating a space lease, however, effective representation requires that we not only address our client's immediate need to relocate or expand, but that we look into the future as well Shaw Pittman: Recent Developments Affect the Use of Low-Income Housin...  Apr 01, 1999 Housing projects funded by federal programs such as Housing Opportunities for Persons with AIDS (HOPWA),1 Shelter Plus Care2 (for homeless persons with disabilities), and the Supportive Housing Program3 (for homeless persons), have responded to this need by providing support services. However, in providing these services, assisted living facilities4 face the difficult task of securing federal and state funding and complying with regulations imposed by the funding agencies Morgan Lewis: Negotiating Leases - With Reason  Feb 01, 1999 NEGOTIATING WITH REASON by Basil Donnelly and Robert D. Lane, Jr. Morgan, Lewis us LLP. Contrasted to a sale agreement where the parties may never deal with each other again after closing, the landlord and the tenant of a lease agreement will be partners of a sort for the term of the lease and each has a significant interest in initiating and maintaining a mutually rewarding relationship Jones Day: Tenant Exit Strategies In An Uncertain Climate (origina...  Feb 28, 1998 Tenant exit strategies in an uncertain climate. Excess space leads not only to wasted rent and all the ancillary expenses such as rates, utilities and service charges, but it also represents poor shareholder value Foley Lardner: Wisconsin Department of Health and Family Services Issu...  Nov 14, 1997 Shearman & Sterling: ASHRAE's Proposed Standard  Jul 01, 1997 ...xsp; New Standards Are in the Air: ASHRAE's Proposed Standard on Indoor Air Quality Summer 1997 In the early 1990s, the U.S. Environmental Protection Agency ("EPA") identified indoor air pollution as among the top five environmental risks to public health. EPA based this finding on two primary factors: first, there are thousands of air pollutants in the indoor air environment, and second, indoor exposures to air contaminants are two to five times higher than exposures out-of-doors Troutman Sanders: Fall 1996  Oct 01, 1996 BOMA RELEASES NEW STANDARD FOR MEASURING OFFICE FLOOR AREA. The Building Owners and Managers Association (BOMA) has recently adopted a new standard for measuring floor areas in office buildings Arnold Porter: Pro Bono Newsletter  Jan 01, 1995 Disintegrating families, AIDs and other serious illnesses, an unresponsive government bureaucracy, the threat of homelessness – our city is sadly full of poor people who have been overwhelmed by legal problems and frustrated by the meager resources of full-time legal aid lawyers. Yet this is a city with an enormous number of lawyers, many of whom came to Washington because they thought that here they could somehow contribute to helping the less fortunate among us. Somehow the difficulty of Propst v. McNeill: Arkansas Landlord-Tenant Law   ...print(); } else { alert("Go to your File Menu and select Print."); } } else { document. visibility = "visible"; } } //-- PublicationHot TopicsPublicationsFirm Seminars6/18/2002 - What Every Franchise Lawyer Needs to Know About Insurance AuthorsErnest Martin, Jr.Related Practice GroupsInsurance CoverageDallas Bar Association Franchise and Distribution Law SectionA publication and corresponding Powerpoint presentation covering the following: The Franchisor-Franchisee Relationship Shifts Certain Best Practices in Large   Substantive Issues And Landlord/Tenant Negotiations Regarding Tenant Build-Out LAW RESOURCE SERIES This article first appeared in the Dispute Resolution Journal, May-July 2004 (Vol. 59, No. 2) and is reprinted with permission The Subordination   To accomplish this, lenders generally require that their mortgagor (who is the landlord) secure a subordination, non-disturbance nment agreement ("SNDA") from its tenants. The SNDA is an agreement between the lender and the tenant regarding the lease between the landlord and the tenant and the effect on the lease if the lender should foreclose on its mortgage Real Estate   Landlords   By Trudy Ernst and Eric Labbe. Often, the negotiation is conducted without a clear understanding of the issues raised by the ADA. Last month, in part one of this series, David Kessler of Kessler McGuiness In Some Bankruptcy Cases   Your lead tenant occupies the top floor overlooking the White House and most of the other space in the building under three separate leases at the same rent per square foot. That tenant has just sought protection under Chapter 11 of the Bankruptcy Code and filed a motion to assume the lease on the top floor and reject the leases for the other space Summaries of recently published appellate decisions   Schwabe, Williamson and Wyatt 0t. xose a Name Heather AdamsonLisa AlanBradley AndersenAl AuYeungDavid AxelrodJean Ohman BackAndrew BarofskyDavid Bartz, Jr.Kelly BenigaStephanie BerntsenJacqueline BollingerSigurd BorgersenCarson BowlerKevin BrannonCindy BryanStephen BushCarmen CalzacortaNeva CampbellJennifer CampbellLynne CartwrightJulie ChapmanAmy ChestnutJill ChickeringMichael CohenNeil ColeMyles ConwayRosemary CoxJohn Crawford, Jr.William CrowJoyle DahlMaryKaye DahmenJeffrey DavisRobert Toxic Mold: A Real   Business Briefs Volume 3   ...ost of us have probably seen and maybe are also guilty of the daring and increasingly dangerous practice of "driving while dialing," either with cell phones or Personal Digital Assistants (PDAs) such as Palm Pilots. Some local governments across the nation have already enacted such laws, and the list firm while the employee was using his cellular phone In_Sites   Gibbons Del Deo Dolan Griffinger and Vecchione Ideas and Issues to Broaden Perspectives on Development In-Sites The Newsletter for Clients and Friends of the Firm Gibbons, Del Deo Dolan Griffinger ione A PROFESSIONAL CORPORATION The Real Properties Group Real Estate - Land Use/Permitting - Environmental Construction - Condemnation ppeals One Riverfront Plaza Newark, New Jersey 07102-5497 (973) 596-4500 - Fax: (973) 596-0545 1633 Broadway New York, New York 10019 (212) 649-4700 - Fax: (212) "Non-Residential Occupancy   COOPERATIVES AND CONDOMINIUMS. BY RICHARD SIEGLER AND EVA TALEL Real Estate   Summaries of recently published appellate decisions   Schwabe, Williamson and Wyatt 0t. Please note that these decisions may not accurately reflect the law governing Oregon real estate issues, and an attorney should be consulted regarding any particular Oregon legal issue : Property Writes 1st Quarter 2000   ...-- Property Writes, 1st Quarter 2000, Volume 4, Issue 1 from Holland t LLP window. The Retail Industry in 2000 Bankruptcy and Shopping Center Leases Big Box on the Run What Happens When a Tenant Wants the Right to Mortgage Its Lease : Property Writes 1st Quarter 1999   ...-- Property Writes, 1st Quarter 1999, Volume 3, Issue 1 from Holland t LLP window. Public Access: Oregon Court Ruling Wiring Commercial Properties Rights of Artist Impact Landlord and Tenant The Retail Development Industry Today Janis Boyarsky SchiffWashington, D.C. Stephen W. SnivelyOrlando Holland & Knight LLP is pleased to publish its first Annual Retail Development Industry Special Edition of Property Writes : %20Projects%20and%20the%20Environment.pdf   Akin Gump: Behind Every Successful Office Lease Is a Vigilant Lend...   By Diane B. Senterfitt, Akin, Gump, Strauss, Hauer L.L.P. and Joseph Thanhauser, Byrnam Wood, L.L.C.. Some lease provisions are commonly regulated by the lender, and landlords may legitimately have no flexibility in their lease negotiations Akin Gump: Articles   Lease Assignment and Subletting: The Perspective of Landlords and Tenants By Gary A. Goodman, Akin, Gump, Strauss, Hauer L.L.P. and Robert S. Nash, Schulte Roth , LLP In this article, the authors discuss assignments of leases and subletting, and explain the typical concerns of landlords and tenants on these issues. Tenants often seek to assign their leases or to sublet the property that they are renting under their leases Ballard Spahr: Wave of Lawsuits Against Public Accommodations Under Ti...   Ballard Spahr Andrews & Ingersoll, LLP | Press Room | Newsletters | SEARCH NEWSLETTERS: NEWSLETTERREQUEST FORM Bankruptcy, Reorganization and Capital Recovery Business ce Employee Benefits Energy and Project Finance Environmental Estate Planning and Administration Family Wealth Management Franchise and Distribution Government Enforcement/White Collar Crime Health Care Intellectual Property Investment Management Labor and Employment Land Use Litigation Product Liability and Mass Tort Public Bell: Landlord/Tenant Environmental Issues in Commercial Leas...   LANDLORD/TENANT ENVIRONMENTAL ISSUES IN COMMERCIAL LEASE SETTINGS by Thomas C. Homburger, Thomas R. Carey and Sandra L. Waldier January, 1998 Due to the length of this article, we have inserted the overview for your convenience, and have listed instructions on how you can obtain a copy of your own. Overview Leasing commercial property raises numerous risks for both landlords and tenants Blank Rome: Lease Guarantors Not Liable For Extended Term   If a lease guarantor has not agreed to extending the term of a lease, it may not be liable for the tenant's failure to pay rent during the extended term. The landlord and the tenant had entered into a five-year term, and then extended the lease for an additional five years and significantly increased the rent Blank Rome: Court Spells Out Landlord's Remedies Upon Tenant&#...   Court Spells Out Landlord's Remedies Upon Tenant's Vacancy Search: Advanced Search Court Spells Out Landlord's Remedies Upon Tenant's Vacancy by HARRIS OMINSKY Harris Ominsky is a partner in the law firm of Blank Rome LLP. He is the author of a new book, "Real Estate Practice: Breaking New Ground," published by the Pennsylvania Bar Institute. In a recent case, a Pennsylvania common pleas court judge sorted out the issues in a landlord-tenant dispute and helped clarify the law on the rights of a Blank Rome: Owners Of Self-Storage Facilities Must Pay Philadelphia...   Owners Of Self-Storage Facilities Must Pay Philadelphia Use And Occupancy Tax Search: Advanced Search Owners Of Self-Storage Facilities Must Pay Philadelphia Use And Occupancy Tax by HARRIS OMINSKY Harris Ominsky is a partner in the law firm of Blank Rome LLP. He is the author of a new book, "Real Estate Practice: Breaking New Ground," published by the Pennsylvania Bar Institute. The Pennsylvania Commonwealth Court has held that owners of self-storage facilities who lease out storage units of Brown McCarroll: Accessibility Due Diligence in Public Facilities   The accessibility requirements under federal and state law are very broad and continually evolving because of the clash between the needs of individuals with disabilities and the economic impact of dealing with those needs as well as the maturation of accessibility laws and standards. Attempting to balance the interests of this substantial segment of society against legitimate economic and other concerns continues to fuel the debate among the various interested groups, especially now that the Brown McCarroll: Remedies for Breach of Commercial Lease   Lawful exercise of remedies requires that careful attention be given to being certain that an event of default has occurred and that any requisite notice has been given. However, a common response by a tenant is that the landlord is estopped to assert the default because the pattern of allowing late payment has lulled the tenant into a sense of false security Bulkley: United States Supreme Court Proceedings   1999 Bulkley, Richardson and Gelinas, LLP All Rights Reserved. In this case, the Corps claimed jurisdiction under the CWA because the isolated wetlands in question are used as habitat by migratory birds Cozen: The Implied Co-Insured Doctrine in the Landlord/Tenant ...   COZEN O'CONNOR -- Newsstand -- Publication sign in 0t. write(""); } // -- PUBLICATION SIGN-IN If you have registered previously, enter your username and password below: Username: Password: If you have not previously registered, click here to obtain a username and password Epstein Becker & Green: TEXT   ADA Compliance, M. Maxine Hicks, August 2002, Epstein Becker & Green, P.C. Newsstand: Articles: ADA Compliance The definitions of owners, operators, and designers subject to the statute's architectural requirements can be confusing. As appeared in Urban Land, August 2002 M. Maxine Hicks Over the last decade, the Americans with Disabilities Act of 1990 (ADA) has left many owners, operators, and designers of public accommodations in a quandary about complying with certain accessibility Gardner Carton: Coming To America (Part 2)   By Crystal Pruess Bush, William L. Goldbeck and Katherine N. O'Connell. This memorandum addresses legal issues that an English business person can expect to encounter when leasing or purchasing commercial or industrial real property in the United States Gardner Carton: The Dawning of the World   Client Memorandum November 1999. A Service to Our Clients and Our Friends Gardner Carton: Assignment and Subleasing in the Business Context   A Service to Our Clients and Our Friends. By Elizabeth Williams and Michael Csar Goodwin Procter: Massachusetts Court Decision Signals Major Change in th...   A recent court decision will have a dramatic effect on the rights of commercial landlords and tenants in Massachusetts. Wesson v. Leone Enterprises, Inc. (SJC-08726, September 9, 2002) ("Wesson") holds that a tenant may terminate a Massachusetts commercial lease due to certain landlord defaults, even when the default falls short of constructive eviction Littler Mendelson: New California Labor and Employment Laws   B. AB 1127 - Cal OSHA This bill, which amends the California Occupational Safety and Health Act, adds massive civil and criminal penalties for violations of the act. It extends the period of time (from thirty days to six months) in which a complaint of discrimination may be filed with Cal-OSHA and provides that employers are deemed to have knowledge about a serious violation unless they prove they did not know or with reasonable diligence could not have known of the existence of the violation Lowenstein Sandler: New Jersey To Require Tests Of Private Wells   ...and Michael J. Caffrey, Esq. nder the recently enacted New Jersey Private Well Testing Act, beginning in September 2002, buyers and sellers of Lowenstein Sandler: CLOSELYheld   ...suming, invasive and inconvenient given our busy schedules. But when you think about it, physicals allow us to monitor ourselves, keep ourselves healthy and, most importantly, can help ensure a long, healthy and prosperous life Piper Rudnick: Piper Rudnick Announces Winners of Second Annual Pro Bo...   Piper Rudnick: The Pro Bono Bulletin--Winter 2002   Riker Danzig: 12/99 Amendments To NJDEP's Site Remediation Prog...   NJDEP recently adopted amendments to its rules regarding underground storage tanks, the Industrial Site Recovery Act, oversight of site remediation, and the Tech. Many of these amendments were adopted in order to effect the legislative policies contained in the Brownfield and Contaminated Site Remediation Act, P.L. 1997, c.278 (“Brownfield Act”) to encourage the redevelopment of contaminated sites around the state Saul Ewing: "Court of Appeals Upholds Municipality's Righ...   October 2002), the United States Court of Appeals for the Third Circuit has written another chapter in the ongoing zoning litigation battle between Congregation Kol Ami ("Kol Ami") and the Abington Township Zoning Hearing Board (the "ZHB"). In 1999, the ZHB denied an application by Kol Ami to use certain property in an R-1 district for worship and religious instruction Sedgwick: United States: California Passes Legislation on Mold Re...   Health & Safety Code §§ 26100 –26156; Chapter 584 of the Statutes of 2001), the first legislation of its kind in the United States, addressing some of the many legal and scientific issues surrounding toxic molds in indoor environments. For some building owners, tenants, and insurers, the Act's impact will be delayed, while for others it will be immediate and substantial Shearman & Sterling: The Commercial Leasing Process*   Introduction Commercial leasing markets are variously described as a "landlord market" or a "tenant market" as the strength of the relevant economy ebbs and flows. Leasing decisions are certainly affected as the amount of available space and the choices available to the parties will vary in a particular economic environment Ulmer & Berne: Attorney Spotlight   Harold has had experience and is involved in the development, construction, financing, sale and purchase of residential, commercial and industrial real estate. In addition, he has extensive leasing expertise, both from the landlord and tenant perspective, representing shopping center owners, retail chains and medical and general office building owners Ulmer & Berne: Megan's Law and Ohio Landlords   Events and Publications | Real Estate Law Letters Megan's Law and Ohio Landlords by Ronald G. Smith Real Estate Law Letter Summer 2001 In 1994, seven year old Megan Kanka was raped and murdered by a twice-convicted sex offender who lived across the street from her in New Jersey. This article addresses whether Megan's Law, or any other Ohio authority, imposes a duty upon landlords who have knowledge that a sex offender resides in the neighborhood to notify his tenants or prospective tenants of Ulmer & Berne: Firm News   LAW has members located in many major financial or commercial centers of Europe, North and South America, the Middle East, Southeast Asia, Australia, New Zealand and the Far East. Its members have extensive commercial, private and international legal experience Ulmer & Berne: Ohio Supreme Court Rules That Ohio Attorneys Can Repres...   Events and Publications | Real Estate Law Letters Ohio Supreme Court Rules that Only Attorneys Can Represent Landlords in Eviction Actions by Stuart A. Laven Real Estate Law Letter Fall 2002 The Ohio Supreme Court has ruled that landlords cannot use non-attorney employees or agents to file court actions to evict tenants and/or collect past due rents. In Cleveland Bar Association v. Picklo, 96 Ohio St.3d 195 (August 21, 2002), the court held that only a licensed attorney could file a court action Ulmer & Berne: Supreme Court’s Position on Evictions from Public ...   Events and Publications | Real Estate Law Letters Supreme Court's Position on Evictions from Public Housing: What It Means for Private Landlords by: Jodi B. Rich Real Estate Law Letter Summer 2002 During its last term, the U.S. Supreme Court took a strong stand against drug activity taking place on or near federally assisted, low-income housing. In Department of Housing and Urban Development v. Rucker, the court upheld the constitutionality of the eviction of tenants by the Oakland Housing Ulmer & Berne: Meet Ulmer & Berne's Real Estate Group   Events and Publications | Real Estate Law Letters Meet Ulmer 's Real Estate Group Real Estate Law Letter Summer 2000 Bill J. Gagliano is Chair of Ulmer 's Real Estate Group. Bill represents developers and owners of commercial properties and counsels clients regarding the acquisition and development of residential communities, tax credit housing, shopping centers, competitive bidding compliance, construction contracting, zoning, tax abatement and property taxation Ulmer & Berne: Ulmer & Berne on the Cutting Edge of Retail Development...   Events and Publications | Real Estate Law Letters Ulmer on the Cutting Edge of Retail Developments in Columbus, Ohio by Scott P. Kadish Real Estate Law Letter Summer 2001 Two recent projects in Columbus, Ohio are getting national recognition for innovative retail development. The first project is Easton, which is comprised of Easton Town Center and The Fashion District at Easton Vandeventer Black: Construction Legislation   HB 1591 Onsite sewage evaluations and septic system permits. HB 1646 Classification of land and improvements for tax purposes Vorys Sater: Pro Bono - Law Firms: Leading The Ohio Legal Community ...   Pro Bono - Law Firms: Leading The Ohio Legal Community to Ensure Access To Justice For The Poor - Law Firm VORYS SATER SEYMOUR AND PEASE LLP Attorneys Columbus, Ohio var fscontrolTP = new Object(); fscontrolTP.site_pn=location. elf="n";//EXIT LINK FILTER //SEGMENTS AND FUNNELS hbx White & Case: The Mediation Information and Resource Center   Ethical Standards Standards to guide mediators, the public and policymakers. For them, litigation carries with it immense psychic and other perceived benefits Propst v. McNeill: Arkansas Landlord-Tenant Law   ...print(); } else { alert("Go to your File Menu and select Print."); } } else { document. visibility = "visible"; } } //-- PublicationHot TopicsPublicationsFirm Seminars6/18/2002 - What Every Franchise Lawyer Needs to Know About Insurance AuthorsErnest Martin, Jr.Related Practice GroupsInsurance CoverageDallas Bar Association Franchise and Distribution Law SectionA publication and corresponding Powerpoint presentation covering the following: The Franchisor-Franchisee Relationship Shifts Certain 09/04 - Matter of Law   ...business owners, building owners, contractors and developers have had to be concerned with potential litigation due to health effects, lost business time and profit, and lost value of property caused by mold. As knowledge of the impact of mold on human health expands, the risk of litigation may increase Landlords   By Trudy Ernst and Eric Labbe. Often, the negotiation is conducted without a clear understanding of the issues raised by the ADA. Last month, in part one of this series, David Kessler of Kessler McGuiness Business Briefs Volume 3   ...ost of us have probably seen and maybe are also guilty of the daring and increasingly dangerous practice of "driving while dialing," either with cell phones or Personal Digital Assistants (PDAs) such as Palm Pilots. Some local governments across the nation have already enacted such laws, and the list firm while the employee was using his cellular phone In_Sites   Gibbons Del Deo Dolan Griffinger and Vecchione Ideas and Issues to Broaden Perspectives on Development In-Sites The Newsletter for Clients and Friends of the Firm Gibbons, Del Deo Dolan Griffinger ione A PROFESSIONAL CORPORATION The Real Properties Group Real Estate - Land Use/Permitting - Environmental Construction - Condemnation ppeals One Riverfront Plaza Newark, New Jersey 07102-5497 (973) 596-4500 - Fax: (973) 596-0545 1633 Broadway New York, New York 10019 (212) 649-4700 - Fax: (212) Summaries of recently published appellate decisions   Please note that these decisions may not accurately reflect the law governing Oregon real estate issues, and an attorney should be consulted regarding any particular Oregon legal issue. These summaries will be updated and posted on this website every other month "Non-Residential Occupancy   COOPERATIVES AND CONDOMINIUMS. BY RICHARD SIEGLER AND EVA TALEL Business Briefs Volume 2   However, at least one piece of important tax legislation was enacted (without much publicity) in late 1999 when President Clinton signed the Ticket to Work and Work Incentive Improvement Act on December 17, 1999. This change is effective for sales and other dispositions occurring on or after the date of enactment : Property Writes 1st Quarter 2000   ...-- Property Writes, 1st Quarter 2000, Volume 4, Issue 1 from Holland t LLP window. The Retail Industry in 2000 Bankruptcy and Shopping Center Leases Big Box on the Run What Happens When a Tenant Wants the Right to Mortgage Its Lease : Property Writes 1st Quarter 1999   ...-- Property Writes, 1st Quarter 1999, Volume 3, Issue 1 from Holland t LLP window. Public Access: Oregon Court Ruling Wiring Commercial Properties Rights of Artist Impact Landlord and Tenant The Retail Development Industry Today Janis Boyarsky SchiffWashington, D.C. Stephen W. SnivelyOrlando Holland & Knight LLP is pleased to publish its first Annual Retail Development Industry Special Edition of Property Writes : %20Projects%20and%20the%20Environment.pdf   Akin Gump: Behind Every Successful Office Lease Is a Vigilant Lend...   By Diane B. Senterfitt, Akin, Gump, Strauss, Hauer L.L.P. and Joseph Thanhauser, Byrnam Wood, L.L.C.. Some lease provisions are commonly regulated by the lender, and landlords may legitimately have no flexibility in their lease negotiations Akin Gump: Articles   Lease Assignment and Subletting: The Perspective of Landlords and Tenants By Gary A. Goodman, Akin, Gump, Strauss, Hauer L.L.P. and Robert S. Nash, Schulte Roth , LLP In this article, the authors discuss assignments of leases and subletting, and explain the typical concerns of landlords and tenants on these issues. Tenants often seek to assign their leases or to sublet the property that they are renting under their leases Blank Rome: Lease Guarantors Not Liable For Extended Term   If a lease guarantor has not agreed to extending the term of a lease, it may not be liable for the tenant's failure to pay rent during the extended term. The landlord and the tenant had entered into a five-year term, and then extended the lease for an additional five years and significantly increased the rent Calton Fields: 2003 Florida Legislature Post-Session Report   What Clients Should Know About Significant Bills Passed in the Regular Legislative Session and Special Session A. (Regular Session and Special Session A) Epstein Becker & Green: TEXT   ADA Compliance, M. Maxine Hicks, August 2002, Epstein Becker & Green, P.C. Newsstand: Articles: ADA Compliance The definitions of owners, operators, and designers subject to the statute's architectural requirements can be confusing. As appeared in Urban Land, August 2002 M. Maxine Hicks Over the last decade, the Americans with Disabilities Act of 1990 (ADA) has left many owners, operators, and designers of public accommodations in a quandary about complying with certain accessibility Gardner Carton: Coming To America (Part 2)   By Crystal Pruess Bush, William L. Goldbeck and Katherine N. O'Connell. This memorandum addresses legal issues that an English business person can expect to encounter when leasing or purchasing commercial or industrial real property in the United States Gardner Carton: The Dawning of the World   Client Memorandum November 1999. A Service to Our Clients and Our Friends Gardner Carton: Assignment and Subleasing in the Business Context   A Service to Our Clients and Our Friends. By Elizabeth Williams and Michael Csar Gardner Carton: Coming to America (Part 1)   A Service to Our Clients and Friends. Cio' che le societa' Italiane devone sapere quando intendono comprare o prendere in locazione degli immobili ad uso commerciale negli Stati Uniti Gardner Carton: Real Estate Update   In the wake of the September 11 terrorist attacks, many landlords and tenants, particularly those in prestigious and highly visible buildings, have begun to rethink the fundamental terms of their leases to better protect themselves from future similar events. This article suggests new considerations for landlords and tenants with respect to the issues of insurance coverage, untenantability, access rig hts and security services in the post-September 11 era Gardner Carton: Coming To America (Part 3)   By Crystal Pruess Bush, William L. Goldbeck and Katherine N. O'Connell. This memorandum addresses legal issues that a German business person can expect to encounter when leasing or purchasing commercial or industrial real property in the United States Littler Mendelson: New California Labor and Employment Laws   B. AB 1127 - Cal OSHA This bill, which amends the California Occupational Safety and Health Act, adds massive civil and criminal penalties for violations of the act. It extends the period of time (from thirty days to six months) in which a complaint of discrimination may be filed with Cal-OSHA and provides that employers are deemed to have knowledge about a serious violation unless they prove they did not know or with reasonable diligence could not have known of the existence of the violation Shearman & Sterling: The Commercial Leasing Process*   Introduction Commercial leasing markets are variously described as a "landlord market" or a "tenant market" as the strength of the relevant economy ebbs and flows. Leasing decisions are certainly affected as the amount of available space and the choices available to the parties will vary in a particular economic environment Shearman & Sterling: Corporate Headquarters Leasing: Getting Started*   The phrase "a once-in-a-lifetime" experience conjures up images of dream vacations, exotic locales and great opportunities. But, at the executive level, the handling of a headquarters commercial lease is often a first-time, and one-time, experience for the tenant's senior executives Weil: Class Certification and the "Most Adequate" P...   Replace Font Tag Business & Securities Litigator Class Certification and the Most Adequate Plaintiff October 2003 Download NewsletterBy Paul Ferrillo and Erin J. Law Like a publicity-shy celebrity, the most adequate or lead plaintiff provisions of the Private Securities Litigation Reform Act of 1995 ( the PSLRA ) appear only to step into the judicial limelight when they have to. Prior to 2001, most of the caselaw interpreting the lead plaintiff provisions dealt with the procedural requirements White & Case: The Mediation Information and Resource Center   Ethical Standards Standards to guide mediators, the public and policymakers. For them, litigation carries with it immense psychic and other perceived benefits Propst v. McNeill: Arkansas Landlord-Tenant Law   ...print(); } else { alert("Go to your File Menu and select Print."); } } else { document. visibility = "visible"; } } //-- PublicationHot TopicsPublicationsFirm Seminars6/18/2002 - What Every Franchise Lawyer Needs to Know About Insurance AuthorsErnest Martin, Jr.Related Practice GroupsInsurance CoverageDallas Bar Association Franchise and Distribution Law SectionA publication and corresponding Powerpoint presentation covering the following: The Franchisor-Franchisee Relationship Shifts Certain 09/04 - Matter of Law   ...business owners, building owners, contractors and developers have had to be concerned with potential litigation due to health effects, lost business time and profit, and lost value of property caused by mold. As knowledge of the impact of mold on human health expands, the risk of litigation may increase Landlords   By Trudy Ernst and Eric Labbe. Often, the negotiation is conducted without a clear understanding of the issues raised by the ADA. Last month, in part one of this series, David Kessler of Kessler McGuiness Business Briefs Volume 3   ...ost of us have probably seen and maybe are also guilty of the daring and increasingly dangerous practice of "driving while dialing," either with cell phones or Personal Digital Assistants (PDAs) such as Palm Pilots. Some local governments across the nation have already enacted such laws, and the list firm while the employee was using his cellular phone In_Sites   Gibbons Del Deo Dolan Griffinger and Vecchione Ideas and Issues to Broaden Perspectives on Development In-Sites The Newsletter for Clients and Friends of the Firm Gibbons, Del Deo Dolan Griffinger ione A PROFESSIONAL CORPORATION The Real Properties Group Real Estate - Land Use/Permitting - Environmental Construction - Condemnation ppeals One Riverfront Plaza Newark, New Jersey 07102-5497 (973) 596-4500 - Fax: (973) 596-0545 1633 Broadway New York, New York 10019 (212) 649-4700 - Fax: (212) Summaries of recently published appellate decisions   Please note that these decisions may not accurately reflect the law governing Oregon real estate issues, and an attorney should be consulted regarding any particular Oregon legal issue. These summaries will be updated and posted on this website every other month "Non-Residential Occupancy   COOPERATIVES AND CONDOMINIUMS. BY RICHARD SIEGLER AND EVA TALEL Business Briefs Volume 2   However, at least one piece of important tax legislation was enacted (without much publicity) in late 1999 when President Clinton signed the Ticket to Work and Work Incentive Improvement Act on December 17, 1999. This change is effective for sales and other dispositions occurring on or after the date of enactment : %20Projects%20and%20the%20Environment.pdf   Akin Gump: Behind Every Successful Office Lease Is a Vigilant Lend...   By Diane B. Senterfitt, Akin, Gump, Strauss, Hauer L.L.P. and Joseph Thanhauser, Byrnam Wood, L.L.C.. Some lease provisions are commonly regulated by the lender, and landlords may legitimately have no flexibility in their lease negotiations Akin Gump: Articles   Lease Assignment and Subletting: The Perspective of Landlords and Tenants By Gary A. Goodman, Akin, Gump, Strauss, Hauer L.L.P. and Robert S. Nash, Schulte Roth , LLP In this article, the authors discuss assignments of leases and subletting, and explain the typical concerns of landlords and tenants on these issues. Tenants often seek to assign their leases or to sublet the property that they are renting under their leases Ballard Spahr: Wave of Lawsuits Against Public Accommodations Under Ti...   Ballard Spahr Andrews & Ingersoll, LLP | Press Room | Newsletters | SEARCH NEWSLETTERS: NEWSLETTERREQUEST FORM Bankruptcy, Reorganization and Capital Recovery Business ce Employee Benefits Energy and Project Finance Environmental Family Wealth Management Franchise and Distribution Government Enforcement/White Collar Crime Health Care Intellectual Property Investment Management Labor, Employment ration Land Use Litigation Product Liability and Mass Tort Public Finance Real Estate Real Estate Blank Rome: Lease Guarantors Not Liable For Extended Term   If a lease guarantor has not agreed to extending the term of a lease, it may not be liable for the tenant's failure to pay rent during the extended term. The landlord and the tenant had entered into a five-year term, and then extended the lease for an additional five years and significantly increased the rent Blank Rome: Court Spells Out Landlord's Remedies Upon Tenant&#...   Court Spells Out Landlord's Remedies Upon Tenant's Vacancy Search: Advanced Search Court Spells Out Landlord's Remedies Upon Tenant's Vacancy by HARRIS OMINSKY Harris Ominsky is a partner in the law firm of Blank Rome LLP. He is the author of a new book, "Real Estate Practice: Breaking New Ground," published by the Pennsylvania Bar Institute. In a recent case, a Pennsylvania common pleas court judge sorted out the issues in a landlord-tenant dispute and helped clarify the law on the rights of a Blank Rome: Owners Of Self-Storage Facilities Must Pay Philadelphia...   Owners Of Self-Storage Facilities Must Pay Philadelphia Use And Occupancy Tax Search: Advanced Search Owners Of Self-Storage Facilities Must Pay Philadelphia Use And Occupancy Tax by HARRIS OMINSKY Harris Ominsky is a partner in the law firm of Blank Rome LLP. He is the author of a new book, "Real Estate Practice: Breaking New Ground," published by the Pennsylvania Bar Institute. The Pennsylvania Commonwealth Court has held that owners of self-storage facilities who lease out storage units of Calton Fields: 2003 Florida Legislature Post-Session Report   What Clients Should Know About Significant Bills Passed in the Regular Legislative Session and Special Session A. (Regular Session and Special Session A) Epstein Becker & Green: TEXT   ADA Compliance, M. Maxine Hicks, August 2002, Epstein Becker & Green, P.C. Newsstand: Articles: ADA Compliance The definitions of owners, operators, and designers subject to the statute's architectural requirements can be confusing. As appeared in Urban Land, August 2002 M. Maxine Hicks Over the last decade, the Americans with Disabilities Act of 1990 (ADA) has left many owners, operators, and designers of public accommodations in a quandary about complying with certain accessibility Gardner Carton: Coming To America (Part 2)   By Crystal Pruess Bush, William L. Goldbeck and Katherine N. O'Connell. This memorandum addresses legal issues that an English business person can expect to encounter when leasing or purchasing commercial or industrial real property in the United States Gardner Carton: The Dawning of the World   Client Memorandum November 1999. A Service to Our Clients and Our Friends Gardner Carton: Assignment and Subleasing in the Business Context   A Service to Our Clients and Our Friends. By Elizabeth Williams and Michael Csar Gardner Carton: Coming to America (Part 1)   A Service to Our Clients and Friends. Cio' che le societa' Italiane devone sapere quando intendono comprare o prendere in locazione degli immobili ad uso commerciale negli Stati Uniti Gardner Carton: Real Estate Update   In the wake of the September 11 terrorist attacks, many landlords and tenants, particularly those in prestigious and highly visible buildings, have begun to rethink the fundamental terms of their leases to better protect themselves from future similar events. This article suggests new considerations for landlords and tenants with respect to the issues of insurance coverage, untenantability, access rig hts and security services in the post-September 11 era Gardner Carton: Coming To America (Part 3)   By Crystal Pruess Bush, William L. Goldbeck and Katherine N. O'Connell. This memorandum addresses legal issues that a German business person can expect to encounter when leasing or purchasing commercial or industrial real property in the United States Littler Mendelson: New California Labor and Employment Laws   B. AB 1127 - Cal OSHA This bill, which amends the California Occupational Safety and Health Act, adds massive civil and criminal penalties for violations of the act. It extends the period of time (from thirty days to six months) in which a complaint of discrimination may be filed with Cal-OSHA and provides that employers are deemed to have knowledge about a serious violation unless they prove they did not know or with reasonable diligence could not have known of the existence of the violation Shearman & Sterling: The Commercial Leasing Process*   Introduction Commercial leasing markets are variously described as a "landlord market" or a "tenant market" as the strength of the relevant economy ebbs and flows. Leasing decisions are certainly affected as the amount of available space and the choices available to the parties will vary in a particular economic environment Shearman & Sterling: Corporate Headquarters Leasing: Getting Started*   The phrase "a once-in-a-lifetime" experience conjures up images of dream vacations, exotic locales and great opportunities. But, at the executive level, the handling of a headquarters commercial lease is often a first-time, and one-time, experience for the tenant's senior executives Vandeventer Black: Construction Legislation   HB 1591 Onsite sewage evaluations and septic system permits. HB 1646 Classification of land and improvements for tax purposes Weil: Class Certification and the "Most Adequate" P...   Replace Font Tag Business & Securities Litigator Class Certification and the Most Adequate Plaintiff October 2003 Download NewsletterBy Paul Ferrillo and Erin J. Law Like a publicity-shy celebrity, the most adequate or lead plaintiff provisions of the Private Securities Litigation Reform Act of 1995 ( the PSLRA ) appear only to step into the judicial limelight when they have to. Prior to 2001, most of the caselaw interpreting the lead plaintiff provisions dealt with the procedural requirements White & Case: The Mediation Information and Resource Center   ...com Products ces Client Login Current Newsletter Newsletter Archive Subscribe to Bi-weekly Newsletter Unsubscribe Site by: Resourceful Internet Solutions, Inc Practitioner Section -- Conflict Resolution Skills and Career Development /* for 25-word text entry area: check to see the total number of words doesn't exceed 25 */ function wordcountdescrip(fld,qnum) { var num = 0; for (var i=0; i0) { num = num+1; } var msg = "There are " + num + " words in your text, question " + qnum + ". Only 25 are Propst v. McNeill: Arkansas Landlord-Tenant Law   ...print(); } else { alert("Go to your File Menu and select Print."); } } else { document. visibility = "visible"; } } //-- --- PublicationHot TopicsPublicationsFirm Seminars6/18/2002 - What Every Franchise Lawyer Needs to Know About Insurance AuthorsErnest Martin, Jr.Related Practice GroupsInsurance CoverageDallas Bar Association Franchise and Distribution Law SectionA publication and corresponding Powerpoint presentation covering the following: The Franchisor-Franchisee Relationship Shifts Lease Termination Agreements: Get Out Quickly   09/04 - Matter of Law   ...business owners, building owners, contractors and developers have had to be concerned with potential litigation due to health effects, lost business time and profit, and lost value of property caused by mold. As knowledge of the impact of mold on human health expands, the risk of litigation may increase Landlords   By Trudy Ernst and Eric Labbe. Often, the negotiation is conducted without a clear understanding of the issues raised by the ADA. Last month, in part one of this series, David Kessler of Kessler McGuiness Business Briefs Volume 3   ...ost of us have probably seen and maybe are also guilty of the daring and increasingly dangerous practice of "driving while dialing," either with cell phones or Personal Digital Assistants (PDAs) such as Palm Pilots. Some local governments across the nation have already enacted such laws, and the list firm while the employee was using his cellular phone In_Sites   Gibbons Del Deo Dolan Griffinger and Vecchione Ideas and Issues to Broaden Perspectives on Development In-Sites The Newsletter for Clients and Friends of the Firm Gibbons, Del Deo Dolan Griffinger ione A PROFESSIONAL CORPORATION The Real Properties Group Real Estate - Land Use/Permitting - Environmental Construction - Condemnation ppeals One Riverfront Plaza Newark, New Jersey 07102-5497 (973) 596-4500 - Fax: (973) 596-0545 1633 Broadway New York, New York 10019 (212) 649-4700 - Fax: (212) Summaries of recently published appellate decisions   Please note that these decisions may not accurately reflect the law governing Oregon real estate issues, and an attorney should be consulted regarding any particular Oregon legal issue. These summaries will be updated and posted on this website every other month "Non-Residential Occupancy   COOPERATIVES AND CONDOMINIUMS. BY RICHARD SIEGLER AND EVA TALEL Business Briefs Volume 2   However, at least one piece of important tax legislation was enacted (without much publicity) in late 1999 when President Clinton signed the Ticket to Work and Work Incentive Improvement Act on December 17, 1999. This change is effective for sales and other dispositions occurring on or after the date of enactment : %20Projects%20and%20the%20Environment.pdf   Akin Gump: Behind Every Successful Office Lease Is a Vigilant Lend...   By Diane B. Senterfitt, Akin, Gump, Strauss, Hauer L.L.P. and Joseph Thanhauser, Byrnam Wood, L.L.C.. Some lease provisions are commonly regulated by the lender, and landlords may legitimately have no flexibility in their lease negotiations Akin Gump: Articles   Lease Assignment and Subletting: The Perspective of Landlords and Tenants By Gary A. Goodman, Akin, Gump, Strauss, Hauer L.L.P. and Robert S. Nash, Schulte Roth , LLP In this article, the authors discuss assignments of leases and subletting, and explain the typical concerns of landlords and tenants on these issues. Tenants often seek to assign their leases or to sublet the property that they are renting under their leases Ballard Spahr: Wave of Lawsuits Against Public Accommodations Under Ti...   Ballard Spahr Andrews & Ingersoll, LLP | Press Room | News cations | SEARCH NEWS PUBLICATIONS: NEWSLETTERREQUEST FORM Bankruptcy, Reorganization and Capital Recovery Business ce Eminent Domain and Valuation Employee Benefits Energy and Project Finance Environmental Family Wealth Management Franchise and Distribution Health Care Intellectual Property Investment Management Labor, Employment ration Litigation Product Liability and Mass Tort Real Estate Real Estate Development Real Estate Leasing Blank Rome: Lease Guarantors Not Liable For Extended Term   If a lease guarantor has not agreed to extending the term of a lease, it may not be liable for the tenant's failure to pay rent during the extended term. The landlord and the tenant had entered into a five-year term, and then extended the lease for an additional five years and significantly increased the rent Blank Rome: Court Spells Out Landlord's Remedies Upon Tenant&#...   Court Spells Out Landlord's Remedies Upon Tenant's Vacancy Search: Advanced Search Court Spells Out Landlord's Remedies Upon Tenant's Vacancy by HARRIS OMINSKY Harris Ominsky is a partner in the law firm of Blank Rome LLP. He is the author of a new book, "Real Estate Practice: Breaking New Ground," published by the Pennsylvania Bar Institute. In a recent case, a Pennsylvania common pleas court judge sorted out the issues in a landlord-tenant dispute and helped clarify the law on the rights of a Blank Rome: Owners Of Self-Storage Facilities Must Pay Philadelphia...   Owners Of Self-Storage Facilities Must Pay Philadelphia Use And Occupancy Tax Search: Advanced Search Owners Of Self-Storage Facilities Must Pay Philadelphia Use And Occupancy Tax by HARRIS OMINSKY Harris Ominsky is a partner in the law firm of Blank Rome LLP. He is the author of a new book, "Real Estate Practice: Breaking New Ground," published by the Pennsylvania Bar Institute. The Pennsylvania Commonwealth Court has held that owners of self-storage facilities who lease out storage units of Blank Rome: New Bankruptcy Law Swings Pendulum in Landlords' F...   BANKRUPTCY ABUSE PREVENTION AND CONSUMER PROTECTION ACT OF 2005. New Bankruptcy Law Swings Pendulum in Landlords' Favor Calton Fields: 2003 Florida Legislature Post-Session Report   Epstein Becker & Green: PDF   3500 One Landmark Square Suite 1800 Stamford, Connecticut 06901-2681 203. COURTRULESTHATTHEILLEGALACTIVITIESOFAN EMPLOYEEMAYCAUSETHEEMPLOYER'SLEASETOBEVOIDED In today's climate of steadily-rising real estate values and rents, any new basis for cancellation of a commercial lease is bound to be viewed as an opportunity by landlords who are burdened by below-market leases and as a threat by any tenant Epstein Becker & Green: TEXT   ADA Compliance, M. Maxine Hicks, August 2002, Epstein Becker & Green, P.C. Newsstand: Articles: ADA Compliance The definitions of owners, operators, and designers subject to the statute's architectural requirements can be confusing. As appeared in Urban Land, August 2002 M. Maxine Hicks Over the last decade, the Americans with Disabilities Act of 1990 (ADA) has left many owners, operators, and designers of public accommodations in a quandary about complying with certain accessibility Gardner Carton: Coming To America (Part 2)   Gardner Carton: The Dawning of the World   Gardner Carton: Assignment and Subleasing in the Business Context   Gardner Carton: Coming to America (Part 1)   Gardner Carton: Real Estate Update   Gardner Carton: Coming To America (Part 3)   Littler Mendelson: New California Labor and Employment Laws   B. AB 1127 - Cal OSHA This bill, which amends the California Occupational Safety and Health Act, adds massive civil and criminal penalties for violations of the act. It extends the period of time (from thirty days to six months) in which a complaint of discrimination may be filed with Cal-OSHA and provides that employers are deemed to have knowledge about a serious violation unless they prove they did not know or with reasonable diligence could not have known of the existence of the violation Lowenstein Sandler: New Jersey To Require Tests Of Private Wells   ...and Michael J. Caffrey, Esq. nder the recently enacted New Jersey Private Well Testing Act, beginning in September 2002, buyers and sellers of Lowenstein Sandler: CLOSELYheld   ...suming, invasive and inconvenient given our busy schedules. But when you think about it, physicals allow us to monitor ourselves, keep ourselves healthy and, most importantly, can help ensure a long, healthy and prosperous life Shearman & Sterling: The Commercial Leasing Process*   Introduction Commercial leasing markets are variously described as a "landlord market" or a "tenant market" as the strength of the relevant economy ebbs and flows. Leasing decisions are certainly affected as the amount of available space and the choices available to the parties will vary in a particular economic environment Shearman & Sterling: Corporate Headquarters Leasing: Getting Started*   The phrase "a once-in-a-lifetime" experience conjures up images of dream vacations, exotic locales and great opportunities. But, at the executive level, the handling of a headquarters commercial lease is often a first-time, and one-time, experience for the tenant's senior executives Vandeventer Black: Construction Legislation   HB 1591 Onsite sewage evaluations and septic system permits. HB 1646 Classification of land and improvements for tax purposes Vorys Sater: Pro Bono - Law Firms: Leading The Ohio Legal Community ...   Pro Bono - Law Firms: Leading The Ohio Legal Community to Ensure Access To Justice For The Poor - Law Firm VORYS SATER SEYMOUR AND PEASE LLP Attorneys Columbus, Ohio var fscontrolTP = new Object(); fscontrolTP.site_pn=location. elf="n";//EXIT LINK FILTER //SEGMENTS AND FUNNELS hbx Weil: Class Certification and the "Most Adequate" P...   Replace Font Tag Business & Securities Litigator Class Certification and the Most Adequate Plaintiff October 2003 Download NewsletterBy Paul Ferrillo and Erin J. Law Like a publicity-shy celebrity, the most adequate or lead plaintiff provisions of the Private Securities Litigation Reform Act of 1995 ( the PSLRA ) appear only to step into the judicial limelight when they have to. Prior to 2001, most of the caselaw interpreting the lead plaintiff provisions dealt with the procedural requirements White & Case: The Mediation Information and Resource Center   ...com Products ces Client Login Current Newsletter Newsletter Archive Subscribe to Bi-weekly Newsletter Unsubscribe Site by: Resourceful Internet Solutions, Inc Practitioner Section -- Conflict Resolution Skills and Career Development /* for 25-word text entry area: check to see the total number of words doesn't exceed 25 */ function wordcountdescrip(fld,qnum) { var num = 0; for (var i=0; i0) { num = num+1; } var msg = "There are " + num + " words in your text, question " + qnum + ". Only 25 are Propst v. McNeill: Arkansas Landlord-Tenant Law   ...print(); } else { alert("Go to your File Menu and select Print."); } } else { document. visibility = "visible"; } } //-- --- PublicationHot TopicsPublicationsFirm SeminarsAudio/Video6/18/2002 - What Every Franchise Lawyer Needs to Know About Insurance AuthorsErnest Martin, Jr.Related Practice GroupsInsurance CoverageDallas Bar Association Franchise and Distribution Law SectionA publication and corresponding Powerpoint presentation covering the following: The Franchisor-Franchisee Relationship Lease Termination Agreements: Get Out Quickly   09/04 - Matter of Law   ...business owners, building owners, contractors and developers have had to be concerned with potential litigation due to health effects, lost business time and profit, and lost value of property caused by mold. As knowledge of the impact of mold on human health expands, the risk of litigation may increase Landlords   By Trudy Ernst and Eric Labbe. Often, the negotiation is conducted without a clear understanding of the issues raised by the ADA. Last month, in part one of this series, David Kessler of Kessler McGuiness June 22   Important to lenders which would now be exempt from the automatic stay if the loan is made without knowledge of a bankruptcy is not yet a matter of public record and insures that the lender is a "good faith purchaser" so as not to lose rights in a post-petition transfer of the property. If a judgment for possession has been granted in a landlord/tenant action, the filing of a petition will not result in an automatic stay Business Briefs Volume 3   ...ost of us have probably seen and maybe are also guilty of the daring and increasingly dangerous practice of "driving while dialing," either with cell phones or Personal Digital Assistants (PDAs) such as Palm Pilots. Some local governments across the nation have already enacted such laws, and the list firm while the employee was using his cellular phone In_Sites   Gibbons Del Deo Dolan Griffinger and Vecchione Ideas and Issues to Broaden Perspectives on Development In-Sites The Newsletter for Clients and Friends of the Firm Gibbons, Del Deo Dolan Griffinger ione A PROFESSIONAL CORPORATION The Real Properties Group Real Estate - Land Use/Permitting - Environmental Construction - Condemnation ppeals One Riverfront Plaza Newark, New Jersey 07102-5497 (973) 596-4500 - Fax: (973) 596-0545 1633 Broadway New York, New York 10019 (212) 649-4700 - Fax: (212) Summaries of recently published appellate decisions   Pl