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Alternative Dispute Resolution Clauses for Leases and Real Estate Contracts
Many lawyers and real estate professionals tend to discourage ' or even prohibit ' the inclusion of alternative dispute resolution (ADR) clauses for their lease agreements and various other real estate contracts. Sometimes this reaction is instinctive without any real thoughtful evaluation of whether and under what circumstances an ADR clause should be added to any agreement. This article briefly explores a few instances where an ADR clause should be strongly considered. Before doing so, the two most common forms of ADR are discussed. (Although this article is primarily based upon Florida law, the legal principals discussed are likely common and applicable to most other jurisdictions in the U.S. Before deciding whether to include an ADR clause in any lease or real estate contract, however, the parties should consult with competent legal counsel licensed to practice law in the applicable jurisdiction.)
Mediation
Mediation is a process whereby a neutral third person encourages and facilitates the resolution of a dispute between the parties in an informal proceeding in order to reach a voluntary binding agreement. The mediator does not make any rulings or decisions for the parties. The mediator may not give the parties legal advice, but the mediator may discuss the possible outcomes of the dispute if not settled, as well as the strengths and weaknesses of the parties' positions.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.