Is a Burrito a Sandwich? Recent Cases Yield Restrictve Covenant Practice Pointers

Probate & Property Magazine: Volume 28 No. 01

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Ruth A. Schoenmeyer is an attorney with the McDonald’s Corporation in Oak Brook, Illinois, and is chair of the Section’s Retail Leasing Committee. Arthur J. Menor is a partner in the West Palm Beach, Florida, office of Shutts & Bowne LLP. Lawrence S. Delaney is a partner in the Boston, Massachusetts, firm of Demeo LLP.

Using recent case law as a guide, this article provides practical tips for drafting restrictive covenants in retail leases.

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