Why Should I Care About Property Controls?

Axinn partner Kail Jethmalani spoke on a webinar entitled, "Why Should I Care About Property Controls?" co-hosted by the American Bar Association and the Canadian Bar Association.

A retailer agrees to be a tenant on the condition that the landlord not rent the other units to sellers of competing retail products. Speakers discussed whether this is a reasonable restraint of trade or an unreasonable barrier to entry, how the analysis changes if the restriction extends to the landlord’s nearby properties, and what it means if the landlord receives above-market rent.