E-Mail Etiquette – 10 Rules to Improve Your Email Correspondence Posted on March 20, 2017 in Business Law

Electronic mail (or e-mail) has become an essential tool in the business and legal worlds. After 30 plus years of e-mail use, I have received and endured e-mail messages of all types. Some are formal and others are lax and almost un-readable. Recently, it occurred to me that maybe what is needed are some basic rules of etiquette for e-mail messaging. Below, I have listed 10 rules of e-mail etiquette I believe will help ensure your e-mail ...

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The Tenant Estoppel Certificate; Time to Be Cautious Posted on February 18, 2016 in Real Estate Law

While estoppel certificates are common in commercial leasing and often treated as simple “form” documents, they can have significant consequences if their terms and provisions are not fully understood. A tenant who executes an estoppel certificate without fully reviewing and understanding it may give up the right to assert important defenses to potential landlord claims under the lease. Most leases require the tenant to provide the landlord with an estoppel certificate upon request. Lenders and ...

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California Court of Appeal Ends Silence on Enforceability of Co-Tenancy Provisions in Commercial Leases Posted on May 16, 2015 in Real Estate Law

Grand Prospect Partners, L.P. v. Ross Dress for Less, Inc., et al. (2015) Ross Dress for Less leased space in a shopping center near Mervyn’s. The Ross lease contained a co-tenancy clause allowing Ross to terminate its lease if Mervyn’s closed and the landlord could not find a suitable replacement tenant within 12 months of Mervyn’s termination (during which time Ross would get full rent abatement). When the landlord failed to ...

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10 Lease Issues That Can Cause a Lender To Kill a Deal Posted on April 15, 2015 in Real Estate Law

Income-producing real estate is only as valuable as the cash flows generated from leases. As a result, lenders review proposed leases with a cautious eye, focusing on these 10 issues: 1. Ambiguous Rent and Term Commencement Dates. If the rent and term commencement dates are tied to complex formulas or to contingencies that are not properly drafted, the lender may disapprove the lease. 2. Tenant’s Right to Offset Rents. Tenants should never have ...

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How To Find A Lawyer Who is a Good Match for Your Needs Posted on March 21, 2015 in Business Law

Lawyers are like doctors. They specialize in anything from criminal law to real estate to personal injury. You want to find a lawyer who specializes in law that concerns you. The lawyer who handles criminal matters does not know about the issues that concern a real estate sale or lease. A good lawyer is like a partner who will help you understand everything from laws and customs in your area to details of your particular ...

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Do You Have The Correct Authorized Number Of Directors? Posted on March 15, 2015 in Business Law

We have found corporations with the wrong number of authorized directors numerous times in our many years of practice. California, unlike other states, has some very precise rules and these frequently seem missed. The Bylaws of many California corporations establish a minimum and maximum number of directors and permit the board to fix the exact number within that range. The Bylaws might provide for a minimum of 3 directors and a maximum of 7. Unfortunately, this is ...

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