Below are a list of our publications and links to the original content:
Office Leasing: Drafting and Negotiating the Lease – by Vahishta Falahati – Update Author – University of California Continuing Education of the Bar
This book covers every aspect of negotiating and putting together an office lease.
- Negotiating the lease and contract formation
- Dealing with defaults
- Bankruptcy and security deposits, letters of credit
- Green leasing issues and standards
- Negotiating tenant rights and restrictions
- Landlord concessions
- Premises and common area issues
- Utilities and services, repairs and maintenance
- New construction, additions, alterations
Conducting written discovery is a crucial part of litigation. It serves an important purpose and is a practical and efficient way to obtain information and documents. Although utilizing written discovery is important and valuable if used properly, how you conduct yourself through the discovery process is also crucial and can have tremendous consequences for your client’s case. If you abuse the discovery process, you expose yourself and your client to sanctions.
Your client is a commercial landlord, whose tenant just filed bankruptcy. The tenant entered into a commercial lease as an individual but operated his business through a corporation. Although this situation may not occur when dealing with big box tenants, it may when dealing with mom-and-pop tenants. Upon execution of the lease, the tenant established a corporation and purchased equipment necessary to operate his business through the corporation. The tenant owns the corporate stocks, while the corporation owns the equipment. The business is unsuccessful, and the tenant, as an individual, is forced to file bankruptcy. In the bankruptcy proceeding, the tenant lists the lease as part of his assets. What happens to the lease in the bankruptcy proceeding?
Asserting proper objections to discovery interrogatories and requests are very important. Think long and hard about asserting proper objections. If you are on the fence about an objection, meaning you think an objection may apply but are not sure, raise the objection. If you don’t raise the objection, you waive it – that includes objections such as Relevancy, Attorney-Client Privilege, Work Product Doctrine and Privacy. If you raise the objection and later discover through the meet and confer process you should not have raised it, you have the option to withdraw the objection. By not raising the objection in the first place, you waive your right to assert that objection at a later time.