A recent case weighed the extent to which a purchaser was able to negotiate terms when exercising a purchase of property under an option in a lease. The litigation began when, after the tenant/buyer exercised its purchase...more
10/11/2022
/ Appeals ,
Appellate Courts ,
Breach of Contract ,
Buyers ,
Commercial Litigation ,
Commercial Real Estate Contracts ,
Contract Terms ,
Florida ,
Landlords ,
Materiality ,
Option Contracts ,
Purchase Agreement ,
Real Estate Transactions ,
Sellers ,
Tenants
In a recent decision, the Second District Court of Appeal indirectly addressed an issue that comes up from time to time in landlord-tenant litigation: whether the landlord must produce in discovery documents relating to other...more
By refusing to hear an appeal of a decision by a Florida appellate court, the US Supreme Court effectively sided with a developer who won a multi-million judgment against someone who tried to undermine the developer’s...more
1/28/2021
/ Appeals ,
Appellate Courts ,
Construction Disputes ,
Construction Project ,
Environmental Claims ,
Land Developers ,
Real Estate Development ,
Risk Factors ,
SCOTUS ,
Settlement ,
State and Local Government
If you asked most commercial landlords what keeps them up at night, they probably wouldn’t say that they worry about their tenants committing trademark infringement. Granted, trademark infringement is not likely to be an...more
8/14/2019
/ Appeals ,
Commercial Tenants ,
Corporate Counsel ,
Counterfeiting ,
Intellectual Property Protection ,
Landlords ,
Liability ,
Shopping Centers ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
Another new commercial lease case, another instance of drafting being the deciding factor. We’ve looked at cases where drafting affected guaranties, exculpatory clauses, remedies, and how to calculate renewal rent. To be...more
All too often commercial parties sign contracts without paying much attention to the “boilerplate” provisions. And all too often that causes a problem for one of the parties. ...more