Business Litigation

Real Estate News: Expectation Must Be Spelled Out in Lease

by Philip A. Toomey | Partner

Most lease transactions are preceded by a letter of intent (LOI).  While LOI’s are a great starting point, normally they are nothing more than non-enforceable statements of what “might” happen in the future. Under most circumstances, a LOI may not counter or add language to a later executed written lease. Many a tenant has discovered reasonable, material and significant expectations, clearly written in the LOI but not in the…

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“When Two Consenting Parties Cannot Consent: Indemnification for Future Wrongful Conduct”

by William G. Benz | Partner

Indemnification provisions are so common that one would be hard-pressed to find a contract that lacks one.  While an indemnification provision may be hidden in an agreement as boilerplate fine print, it is often of critical importance long after the contract is signed.  But, indemnification can only be pushed so far.  Once it becomes so onerous that it encourages bad faith, California public policy will void the indemnification provision…

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