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HTMLRetail Pad Developments
David J. Tracy; Hinckley, Allen & Snyder LLP;
Legal Alert/Article
July 16, 2013, previously published on July 17, 2013
In developing a parcel for a primary retail tenant, opportunities may be present to initiate the development of a pad or outparcel. This article discusses threshold issues that a developer should consider in the initial development of a parcel.


Adobe PDFWaiver of Notice-To-Quit Provisions in Leases - Keep It Simple and Precise and No One Gets Hurt
Noble F. Allen; Hinckley, Allen & Snyder LLP;
Legal Alert/Article
July 12, 2013, previously published on July 17, 2013
Under Connecticut law, the only situation in which an eviction can be commenced without first serving the statutory Notice to Quit on the tenant is when the tenant's lease has lapsed — specifically termed "lapse of time." In all other scenarios, a landlord must first serve the...


HTMLA&P Agrees to Pay $102,000 Fine for Failing to Adequately Disclose Alternate Method of Entry in Sweepstakes
Loeb Loeb LLP;
Legal Alert/Article
July 4, 2013, previously published on June 28, 2013
New York Attorney General Eric Schneiderman announced that supermarket chain A&P agreed to pay $102,000 in fines and in the future will advertise the alternate method of entry with equal prominence as the entry with purchase. A&P was cited by the New York Attorney General’s Office for similar...


HTMLHashtagging Away Your Rights: Privacy and Publicity Rights in Social Media
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
June 25, 2013, previously published on June 19, 2013
The fashion industry is finally loosening its buttons—several decades and a few billion dollars in advertising later, retailers are moving away from using high-priced models and exotic locations to lure customers. Instead, many brands are promoting their designs by relying on every day images...


HTMLFour Wheel Fashion
Sheppard Mullin Richter Hampton LLP;
Legal Alert/Article
June 25, 2013, previously published on June 19, 2013
If you’ve ever wondered what the “lifestyle” of a Porsche driver looks like, look no further than Porsche Design’s latest fashion catalog. Twenty-three glossy pages of sleek leather jackets, modern business blazers, and retro-futuristic day-to-evening wear attempt to define...


HTML"Use" of a Mark in the U.S.A.
Cory M. Amron, Joan C. Makley, William H. Oldach, Christopher M. Ott; Vorys, Sater, Seymour and Pease LLP;
Legal Alert/Article
May 22, 2013, previously published on May 20, 2013
“Use” of a trademark or service mark under U.S. trademark law is often misunderstood. Even the best-intended trademark owners encounter unexpected, sometimes fatal, barriers in their attempts to register their marks and maintain their registrations.


HTMLThird Party Vendor Issues and Checklist
E. Andrew Keeney; Kaufman & Canoles A Professional Corporation;
Legal Alert/Article
May 16, 2013
For years, credit unions have been alerted by the NCUA to the need for vendor due diligence and other third-party vendor relationship requirements. Now, the Federal Reserve Board has alerted banks, and the Consumer Financial Protection Bureau has joined the bandwagon and is even issuing unfair and...


HTMLProposed Legislation to Expand Growler Sales in North Carolina
M. Keith Kapp, Jennifer A. Morgan; Williams Mullen;
Legal Alert/Article
May 15, 2013, previously published on May 13, 2013
Retailers in North Carolina, including grocery stores, bars, restaurants, and specialty beer and wine shops, may soon be allowed to fill and sell growlers to customers for off-premises consumption if new legislation currently being considered by the North Carolina General Assembly goes into effect.


HTMLIn re School Specialty, Inc.: Delaware Bankruptcy Court Upholds Secured Lender's "Make-Whole" Claim Under New York Law
Marina Fineman, Kizzy L. Jarashow; Stutman, Treister & Glatt Professional Corporation;
Legal Alert/Article
May 7, 2013, previously published on April 2013
A Delaware bankruptcy court has upheld a secured lender's $23.7 million "Make-Whole" claim on a $67 million principal term loan, over the objections of the official committee of unsecured creditors ("Committee"). In re School Specialty, Inc., No. 13-10125 (KJC), 2013 WL/LEXIS...


Adobe PDFCalifornia Appellate Court Confirms Cap on Past Medical Expenses Applies to Medicare Payments and Should Be Imposed before Further Reductions for Contributory Negligence
John R. Clifford, Edward P. Garson, Laura P. Kelly, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 1, 2013, previously published on April 25, 2013
In Luttrell v. Island Pacific Supermarkets, Inc. (April 8, 2013, A134089), California’s First District Court of Appeal held that Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 specifically applies to limit a plaintiff’s recovery of past medical expenses to the...


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