Thursday, January 29, 2015

Melody E. Cobbe Selected as Top Lawyer by the South Florida Legal Guide

The South Florida Legal Guide 2015 has recognized Melody E. Cobbe as being a “Top Lawyer” in the South Florida region.  This distinction honors attorneys who have earned a high level of respect for their abilities, professionalism, and integrity.  South Florida Legal Guide determines its annual top listings by conducting extensive peer-review surveys completed by South Florida lawyers who nominate and evaluate their professional peers.

Melody is proud to have again been recognized by the South Florida legal community and the South Florida Legal Guide. 

Tuesday, January 20, 2015

Keeping Competitors Out of Your Retail Space

Most stores that lease space in a mall or other commercial area would like a guarantee that the landlord won’t also rent to a competing business.  This guarantee is known as “exclusive use,” and you can negotiate for it in a lease. If you’re negotiating a right to exclusive use, here are 5 main points to consider:

1.         What’s your use? What happens if you re-focus your business and your use changes? Can you still keep out competitors?

2.         What if you sublet some space or assign the lease – does the exclusive use still apply?

3.         If you temporarily fall behind on the rent, do you lose your right to exclusive use?

4.         What about pre-existing tenants? 

5.         What’s your remedy? If the landlord violates the contract and leases space to a competitor, what can you do? Presumably you can sue in court to make the landlord stop, but can you also withhold rent, or terminate the lease? If so, do you first have to prove that you actually suffered financial harm?