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Articles by Katherine Silverman
Commercial Tenant's Remedies Limited To Breach Of Contract Claims
In a recent Court of Appeals opinion, Personal Concierge MD, LLC (the "Tenant") appealed the grant of summary judgment to SG Echo, LLC (the "Landlord") on various claims. These claims included breach of contract, negligence, negligence per se, nuisance, trespass, attorney fees, and punitive damages. The case involved a dispute arising from water leaks and mold issues in medical office space leased by Tenant from Landlord. The Court of Appeals rejected the tort claims brought by the Tenant.
Tangled Web: Meta's Alleged Trade Secret Theft From Twitter
In the wake of Meta's rollout of the Threads app – a direct competitor to Twitter1 – Elon Musk's attorney sent Meta a cease and desist letter. The letter alleges that Meta hired former Twitter employees who misappropriated Twitter's trade secrets and other intellectual property. This post examines claims made by Twitter's legal team in the letter and analyzes potential legal implications under California law.
Has Your Landlord Violated The Covenant Of Quiet Enjoyment In Your Lease?
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Recent Court Rulings Demonstrate Value of Operating Covenants
Many retail leases contain operating covenants included in a long list of boilerplate provisions. Tenants agree to operate their stores for a minimum number of years during the lease term, but also agree to how many hours they will keep their doors open each week—usually conforming to the normal business hours for other tenants in the shopping center. These provisions have not typically been heavily negotiated, and retail landlords have not had much success in enforcing them.
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