It is no doubt that retailing as an industry, and we as a nation, and indeed as one interconnected world, are facing a generational issue of great seriousness and magnitude. COVID-19 is changing our habits as individuals and as consumers, and while there are undeniable and significant problems that have been caused by this new
Alex has extensive experience in commercial real estate matters, and focuses on the representation of commercial landlords and tenants in the development and lease-up of new locations. He has experience working on transactions involving shopping centers, lifestyle centers, restaurants, and other retail spaces. Alex also advises developers, sponsors, investors, lenders, and corporate clients in land acquisitions and divestitures.
University of Cincinnati Law Professor Sean Mangan does not hate many things, but ‘and/or’ has to be first on the list – along with whomever might be playing his Irish that weekend. I had the pleasure of taking multiple drafting classes with him several years ago, but I honestly never quite understood the depth of his anger towards the use of ‘and/or’ (along with “thereof”, “henceforth”, “hereto”, and the like). However, as it turns out, he is in very good company, as many judges and legal drafters seem to have some unresolved anger issues with this phrase as well.
The generally agreed upon meaning of “X and/or Y” is “X or Y or both”. That is a fine definition, but the problem is that the lack of clarity on the surface of the expression can allow opposing counsel to deliberately misinterpret whatever provision is in question in their client’s favor. If “X or Y or both” is what you mean, then just write what you mean! Take a look at how judges and style guides view the use of ‘and/or’:…