Melody E. Cobbe has been Selected as a 2015 Florida Rising Star

Florida Super Lawyers Magazine  has selected Melody E. Cobbe as a 2015 Florida Rising Star and among the best top local legal talent.  Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.

Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys. Melody E. Cobbe has been recognized by Super Lawyers since 2011.

About Cobbe Law

At Cobbe Law, we are committed to being your business’ counsel for all legal matters – from start-up to breakup. Cobbe Law utilizes a solutions-oriented approach that is geared toward achieving the client’s defined goals and objectives.   Cobbe Law clients now have the ability to outsource their legal business needs while still receiving individual attention.  We have developed a simple and effective program that provides you and your company legal support on an as-needed basis, specific project, or monthly retainer. Currently offered services include: business formation; purchase or sale of an existing business; commercial agreements; corporate governance; employment consulting/human resources; and landlord/tenant consulting.

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?
  1. What if you sublet some space or assign the lease – does the exclusive use still apply?
  1. If you temporarily fall behind on the rent, do you lose your right to exclusive use?
  1. What about pre-existing tenants?
  1. 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?