How much is that Facebook page worth to your Business?
By: Matthew V. Wilson

At first glance, this question may seem relatively unimportant in the context of an M&A transaction. It rings true that social media accounts usually receive little attention during the negotiation of a deal, which fact may be attributed to the generational technology-gap or mere oversight by the parties. But isn’t Facebook just for kids (or soccer moms and dads), anyway? Perhaps; but perhaps not. Starbucks currently has over 36 million unique followers to its Facebook Fan page. Without question, that network of followers is one of the most valuable assets in the Starbucks portfolio. Social media platforms such as Twitter, YouTube, Instagram and Facebook provide a cheap and direct vehicle for a business to promote its brand, connect with consumers, and even conduct regular business. For this reason, it is important to view social media accounts as valuable assets and treat them as such when negotiating a transaction. At the same time, parties must also understand that they will encounter contractual hurdles when attempting to transfer ownership of these accounts. More >

Don’t Fall Victim to Drive-By Lawsuits: What Landlords, Tenants, and Property Managers Need to Know About the Americans with Disabilities Act
By: C. Knox Withers

In recent years, there has been a proliferation of “drive-by lawsuits” involving the Americans with Disabilities Act (“ADA”). Such actions typically involve a plaintiff’s lawyer cruising around town with a disabled individual in search of retail properties whose premises are in violation of the ADA. Indeed, these lawsuits are so prevalent that 60 Minutes recently dedicated a portion of its Sunday night program to the topic. More >

Pop-up Shops: Breath of Fresh Air?
By: Chelsea Brewer

If you are involved in commercial real estate, especially if working with landlord clients, you’ve likely had a chance to work with retailers in creating a unique lease for a pop-up shop. These novel concepts are popping up all over the country; from mainstream malls to industrial settings and everywhere in between. And these small temporary shops are not just for the obscure retailers; large retailers such as Toys R’ Us are starting to utilize pop-up shops as a way to get their product into consumers’ hands. More >