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Liability Commercial Leases

Jackson Walker

Fair Notice Drafting: Indemnity Clauses that Stand Up in Texas Courts

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Imagine a customer slips and falls inside a tenant’s leased space. The injured party alleges that the fall was caused by water leaking from the building’s sprinkler system. Although no fault has been determined, the claim...more

K&L Gates LLP

Contaminated Land in Western Australia: A Timely Reminder That Leases Must Comprehensively Address Land Contamination

K&L Gates LLP on

A Protracted History - In April 2025, Justice Musikanth of the WA Supreme Court delivered his judgment in Henderson v Contaminated Sites Committee [2025] WASC 123 (Henderson)....more

Arnall Golden Gregory LLP

Boilerplate is Not Boring: Why Boilerplate Lease Clauses Matter

You’re familiar with the boilerplate provisions, often under “Miscellaneous” at the end of a lease. Despite their B-side placement within the lease, these clauses can contain key lease terms. From integration and force...more

Patton Sullivan Brodehl LLP

Limits on Limits: Commercial Lease Provision Limiting Landlord’s Liability Deemed Unenforceable

Generally, California law treats parties to a commercial lease as sufficiently sophisticated, equal bargainers, capable of negotiating an agreement governing their relationship, such that it should be enforced and not...more

Farrell Fritz, P.C.

Is It an Illusion of Indemnification? Insurance Requirements for Tenants Paired with Indemnification Clauses in Leases May Not Be...

Farrell Fritz, P.C. on

Recently, in On Point Window Treatment, Inc. v. 208 Clinton Place, LLC, 2024 N.Y. Slip Op. 50241 (N.Y. Sup. Ct. 2024), the Kings County Supreme Court held that even when paired with an insurance procurement requirement, a...more

Pillsbury Winthrop Shaw Pittman LLP

Conflicting Court Rulings on Subchapter V Eligibility Leave Small Businesses in Limbo

Two recent bankruptcy court decisions reflect a split of authority on subchapter V eligibility. In re Macedon Consulting Inc. finds that all future amounts due under an unexpired lease qualify as “noncontingent and...more

Farella Braun + Martel LLP

[Webinar] Nonprofit Real Estate: Perspectives on Shedding Space - March 17th, 3:30 pm - 4:30 pm PT

With the new normal of work-from-home employees and hybrid work options, many nonprofit executives are querying what to consider when deciding whether and how to shed space. Join our live webinar conversation about: -...more

Nutter McClennen & Fish LLP

Massachusetts’ Highest Court Invalidates Limitation of Liability Clause in Commercial Lease, Citing Public Policy

The Massachusetts Supreme Judicial Court (SJC) recently ruled that a limitation-of-liability provision provides no protection for defendants who willfully or knowingly engage in unfair or deceptive conduct in violation of G....more

Seyfarth Shaw LLP

Could Commercial Landlords be Liable for Exposure to COVID-19 Under New York Law?

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The ongoing COVID-19 pandemic raises the question of whether landlords having leased properties for commercial uses can be held liable for injuries sustained when someone—whether employees of the commercial tenant or someone...more

Holland & Knight LLP

Cases Highlight Commercial Landlord Potential Liability for Trademark Infringement by Tenants

Holland & Knight LLP on

• Reported verdicts and settlements in the last 10 years confirm that commercial landlords/owners could be held liable for the trademark infringement activity of their tenants. • Commercial landlords/owners must take...more

Shutts & Bowen LLP

A Pricey Drafting Error in a Jewelry Store Lease

Shutts & Bowen LLP on

Many of the topics we cover in this space ultimately come down to problems in drafting.  Of course, these drafting issues aren’t apparent when the parties execute the lease, contract, or other document....more

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