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DeliMark Decision Confirms Statement of Material Change Can be Used to Disclose Site-Specific Information

In 2337310 Ontario Inc. v. 2264145 Ontario Inc. (DeliMark), the Ontario Superior Court of Justice concluded that the head lease for the franchisee’s particular premises ought to have been disclosed prior to the franchise...more

Avoiding and Defending Florida License Tax Audits

Florida hotels and restaurants are facing license tax audits, assessments and penalties in increasing numbers. A "license" is statutorily defined as the granting of a privilege to use or occupy a building or real property....more

Some Days, A Stay Is Easier to Obtain Than Others

In A&F Enterprises v. IHOP Franchising LLC, 742 F.3d 764 (Seventh Cir. 2014), Chapter 11 debtors appealed a determination that their building leases were deemed rejected because they were not timely assumed. Both the...more

Special Commercial Lease Considerations for Franchisees

Engaging in preliminary discussions and negotiations with prospective landlords for your new franchised business can be overwhelming. There are a multitude of business and legal issues to consider. It may also be...more

Lease Considerations for Franchised Businesses

Franchised businesses pose unique leasing issues that the broker or agent should be aware of at the outset of the representation. The primary difference is that in the franchise context, you will need to satisfy your client,...more

Hospitality And Leisure Franchising And Industry Innovation

Introduction - In previous years this publication has given an insight into the asset light strategies of global hotel operators, an overview of some of the trends in hotel franchising and provided a brief...more

Brand Franchise Issues in Hotel Purchase and Sale Transactions

Key issues for buyers and sellers of branded hotels operating under franchise agreements. Buying or selling a hotel operating under a brand name requires special attention – the existing franchise agreement will be...more

Sandwich Shop Leases - Industry-Targeted Retail Leasing Update

Whether you call them Hoagies, Heroes or Grinders, here are some key lease issues that sandwich shops operators need to think about: - Permitted Use: Your permitted use clause limits what you can do in your premises. ...more

Co-Tenancy Complexities

Tenants seek co-tenancy rights while landlords are reluctant to grant them. Tenants often rely on a certain tenant mix of national or regional tenants to be a draw for customers to visit the shopping center. But what happens...more

Restaurant Leasing - A Menu of Issues

Restaurant leasing involves a host of issues not found in any other transaction. Landlord lease forms typically control all aspects of a tenant's operations, while tenants often want complete freedom to change their business...more

Check Lender Reservations on Hotel Deals: Asset-specific issues prompt a closer look from lenders at hotel collateral

Funding is returning slowly for hotel properties, as many lenders have learned the hard way that hotels can be tricky collateral. Commercial mortgage brokers can expect these lenders to be more cautious when reviewing hotel...more

How to Say Goodbye - Exiting Leases

Non-profits, foundations and other tenants may find themselves leasing more space than they need. Buy-outs, termination agreements, assignments, subleases and constructive eviction may be potential solutions to dealing with...more

7 Legal Steps Needed to Build a New Restaurant

New restaurant owners can sometime be intimated by the legal process needed to build a new establishment. Here is a general outline of the legal steps required to build and launch a new restaurant....more

Treatment of Franchisee Leases Under 365(d)

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) substantially revised 11 U.S.C. 365 to significantly limit a debtor's time to assume or reject nonresidential real estate leases. Prior to BAPCPA,...more

Inadvertent franchise relationship: What you should watch for

Originally published in the Colorado Real Estate Journal, July 20, 2011 - August 2, 2011. Franchising, a versatile business model, is not limited to fast-food restaurants. Colorado is home not only to familiar...more

Leasing Issues For Franchisors And Franchisees

Franchises (especially nationally recognized ones) can be valuable tenants for any project. However, when leasing to a franchisee, a landlord must recognize that these entities require special consideration. This article...more

PA Tax Tips: PA Offers Many Production-Based Exemptions

Production-based tax exemptions have saved Pennsylvania businesses billions of dollars. These exemptions are known by various names, including "manufacturing," "processing," "printing," "mining," "R&D," "agriculture" and...more

Georgia Voters Approve Sweeping Overhaul of the State’s Restrictive Covenant Law

On November 2, 2010, Georgia voters approved an amendment to the Constitution of Georgia authorizing new legislation that dramatically changes the State’s restrictive covenant law. As Georgia business owners are well aware,...more

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