Communications & Media Commercial Real Estate General Business

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.
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The Power of Pop-ups: From Fad to Retail Mainstay

Pop-up stores or “flash retail” have graduated from passing trend to popular practice. Historically utilized for the sale of seasonal products (think temporary stores that only sell Halloween costumes), the pop-up has evolved...more

Food For Thought: How Delivery-Only Food Service Is Impacting Retail Real Estate

Today’s consumer is a tricky one – she is impatient and demanding. She requires excellent service in the blink of an eye (or perhaps, more appropriately, in the swipe of a finger), and likes to eat meals made with high...more

The Future of Retail: Brick and Mortar!

If you believe the hype, it is only a matter of time before brick and mortar retail succumbs to its online competitors. Recent decisions made by several stalwart retailers appear to support this theory: Macy’s recently...more

Text on the Dotted Line: A Text Message Can Create a Binding Contract

Here’s another story in the “It never gets easier” file. The Massachusetts Land Court recently decided a case that perhaps we should have all guessed was coming. This is the above the fold headline: Text...more

Beware: Sending A Text Message Can Be Just as Binding as Signing a Document By Hand!

We have all heard stories about the dangers of social media, whether it be an inappropriate tweet, a regrettable Facebook posting or a misdirected “sexting.” The decision issued by the Massachusetts Land Court in St. John’s...more

Court Upholds Prison for Flea Market Owner for Counterfeiting by Tenants

As trademark and copyright counterfeiting and piracy has grown, courts have become more willing to grant meaningful relief to rights owners and to penalize counterfeiters and those who facilitate their illicit activities. ...more

Traps for the Unwary: Text Messages, Authorized Agents, and Binding Letters of Intent

A recent Land Court decision strongly suggests that sellers should proceed with caution when negotiating real estate transactions via email and text messages. In determining whether a contract was formed between two companies...more

Texts that Bind: Text Messages May Form Binding Real Property Contract

Last month, in St. John’s Holdings, LLC v. Two Electronics, LLC (No. 16 MISC 000090 (RBF)), a Massachusetts Land Court judge held that text messages exchanged between two real estate brokers may be sufficient to constitute...more

How Smartphones, Showrooming Impact Property Taxes and More

The battle between physical stores and online retail rages on, but the recent explosion in smartphone usage is blurring the battle lines. Using smartphones, consumers in a store now can simultaneously shop and compare pricing...more

News from AGG's Retail Industry Team

To sophisticated landlords and property managers, co-tenancy provisions contained in commercial leases are routine and (relatively) unexciting. Unfortunately—and perhaps as a result—such clauses are often overlooked. ...more

Landlords Beware

Courts from California to New York have long held landlords accountable for contributory trademark infringement in knowingly leasing real property for unlawful trades, manufacture or business, when those landlords rent space...more

Real World: An Update from Dechert's London Finance and Real Estate Group July 2015: Government Consultation on Reforming the...

The Electronic Communications Code, set out in Schedule 2 to the Telecommunications Act 1984 and amended by the Communications Act 2003, has been much criticised over the last 30 years for being unclear, out of date and...more

Crowdfunding: The Next Commercial Real Estate Frontier?

In a world where we buy groceries, book travel, and even date online, it should come as no surprise that online investment is becoming increasingly prevalent. The rapid shift towards an internet-centric world has made...more

The Electronic Communications Code - Security of Tenure

This is our second article on the Electronic Communications Code. A key issue for operators to be aware of when entering into agreements with landowners or occupiers for the siting of telecoms apparatus on their land is...more

The Electronic Communications Code - Some Basics

The Electronic Communications Code (“Code”) provides statutory rights to telecommunications operators to install and maintain electrical communications apparatus in, over or under land. The principle of the Code is that no...more

Can Hotels Legally Block Wi-Fi Hot Spots? The FCC Says No, and Fines a Hotel $600,000 For Doing It.

In a public notice issued this week, the Federal Communications Commission (FCC) warned hotels, convention centers and other businesses that it is illegal to willfully block or interfere with their guests’ Wi-Fi hot spots...more

AODA in Brief

The Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) which serves as the framework for the Accessibility Standards for Customer Service (the “Customer Service Standard”) and the Integrated Accessibility...more

Condo hotels: Don’t forget the secret sauce!

Condo hotels are back in vogue as “securities” - Developers particularly like the “new model” where condo hotel investments are offered as a “securities” using the new SEC Rule 506(c) for private placements with public...more

From Logging on to Logistics: Online Retailing and the Asian Real Estate Market

There is little doubt that the continuing shift towards online retailing will have tremendous implications for the Asian real estate market. Over the coming years, physical retailers will have to change the way they use their...more

A “New World” of Fashion and Food

In a world of Instagram, Facebook and SMS text marketing, being fleet of foot in an ever-changing world of retail advertising and sales is the name of the game. As retailers and restaurateurs navigate the treacherous waters...more

Starting a Craft Brewery in North Carolina - Steps to Take Before You Sell a Single Bottle of Beer

Before your finely-crafted product can ever be someone’s quiet reward after a long day or before your craft brew can ever take home a Great American Beer Festival® gold medal, you must take certain steps to ensure your...more

Condo Hotel Branding: Benefits and New Risks with Rule 506(c) - Condo Hotel Projects Sold as Exempt Securities Require Informed...

Condominium hotels are a subject of renewed interest, buoyed by the rising tide for real estate generally. These projects are also encouraged by favorable trends for financing under the SEC's new Rule 506(c) that allows...more

Data Center Networks – Interview with Jeff Moerdler, Member, Mintz Levin [Video]

Attorney Jeff Moerdler, head of Mintz Levin's Real Estate and Communications practices in New York, talks about the factors businesses need to consider when selecting a data network facility. ...more

Insurance Recovery Law -- Nov 14, 2013

In A New York State Of Mind . . . For Expanded Vandalism Coverage - Why it matters: Property owners in New York with coverage for vandalism will be pleased with the Georgitsi Realty LLC v. Penn-Star Insurance Company...more

Sell The Cell Lease Separately (When Selling Real Estate)

When does selling a cell tower lease make sense? In financial terms, it usually doesn't (you can't invest the money and get the same income you're now getting)....more

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