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HTMLCommon Area Maintenance Clauses and the Debate Over “Caps”, “Exclusions” and “Capital Improvements”: Creative and Practical Ways to Find Common Ground
Hinckley Allen Snyder LLP;
Legal Alert/Article
March 12, 2013, previously published on March 4, 2013
In today's retail real estate climate, many Tenants (often regardless of size or credit-worthiness) seek to limit the year-over-year increases on common area maintenance costs incurred by Landlord and passed through to the Tenant. For instance, a shopping center Tenant may agree to pay its...

 

HTMLCommon Issues in Negotiating Exclusive Use Restrictions in Shopping Center Leases
Hinckley Allen Snyder LLP;
Legal Alert/Article
March 12, 2013, previously published on March 4, 2013
Making a long-term leasing commitment in a shopping center entails a substantial investment in space improvements (or even constructing a new building and related site improvements under an outlot ground lease), fixturing, staffing, and stocking of a store. Therefore, a retail tenant has a...

 

HTMLCreative Financing of a Big Box Tenant’s Income Stream
Hinckley Allen Snyder LLP;
Legal Alert/Article
March 12, 2013, previously published on March 4, 2013
This article briefly describes a creative financing technique that could be utilized under the appropriate circumstances to separately finance rental payments from a big box retail tenant’s lease.

 

HTMLPractical Tips for Commercial Lease Assignments
Hinckley Allen Snyder LLP;
Legal Alert/Article
March 12, 2013, previously published on March 4, 2013
When representing a Landlord or a Tenant in a lease assignment transaction, as part of a sale of a business or otherwise, there are many issues to identify and address. First and foremost, a thorough review of lease documents should be performed to identify all consents that are required and any...

 

HTMLRetailers and Workplace Violence
Fisher Phillips LLP;
Legal Alert/Article
March 11, 2013, previously published on March 1, 2013
Under OSHA’s general-duty clause, all employers have the obligation to maintain a safe workplace regardless of whether OSHA has adopted any particular standard relating to how the tasks at issue are to be performed. In the current administration, OSHA is showing a willingness to stretch the...

 

HTMLCourt Holds Fee for Carryout Bags Not a Tax Under Proposition 26
Best Best Krieger LLP;
Legal Alert/Article
March 7, 2013, previously published on February 25, 2013
The County of Los Angeles adopted an ordinance prohibiting retail stores from providing plastic carryout bags. The ordinance further required stores to charge customers 10 cents for each paper carryout bag provided. The fee for the carryout bags was not approved by the county’s voters. In...

 

HTMLManufacturers and Retailers Doing Business in California Are Required to Take Action to Prevent Slavery and Human Trafficking
Duane Morris LLP;
Legal Alert/Article
February 12, 2013, previously published on February 6, 2013
Lawmakers are looking to businesses to help curb the growing problem of human trafficking. The first in a series of a new wave of legislation has taken effect. Manufacturers, retailers and others in the supply chain are watching developments on a California law that took effect last year designed...

 

HTMLA Penny Saved is a Penny Earned?
Lauren Cowl, Lara Nathans; McCarthy Tétrault LLP;
Legal Alert/Article
February 11, 2013, previously published on February 8, 2013
Effective February 4, 2013, the Canadian government proceeded with its plan to phase out the penny. In light of rising production and handling costs relative to the coin’s face value, the Royal Canadian Mint has now ceased production of the penny, and businesses, including retailers, are...

 

HTMLIdaho Supreme Court Considers Tribal Tobacco Dispute
Bryan M. Haynes; Troutman Sanders LLP;
Legal Alert/Article
February 1, 2013, previously published on January 29, 2013
A case currently pending before the Idaho Supreme Court could establish new precedent regarding a State’s authority to regulate tribal tobacco sales.

 

HTMLAllocable Share Bill Again Introduced in Missouri
Bryan M. Haynes; Troutman Sanders LLP;
Legal Alert/Article
February 1, 2013, previously published on January 29, 2013
Missouri, the last remaining state in which nonparticipating manufacturers can obtain allocable share releases from their escrow payments, has again introduced legislation to repeal the release mechanism. The bill, Senate Bill 629, was introduced earlier this month.

 


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