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Mediation of Commercial Lease Disputes: A Collaborative Approach to Resolving Disputes
The now ubiquitous 80-page commercial lease has a myriad of tenant and landlord rights and obligations which can potentially create conflict; for example, the calculation of operating expenses and rent escalations and determining the adequacy of building services. Major landlords and tenants see the disadvantages of litigating these disputes, and so a mechanism for streamlined resolution would be welcome. Enter, arbitration and mediation.
Commercial leases often involve long-term relationships. It seems almost inevitable that disagreements will arise. In the worst case, the disagreement ends up in litigation which can be time consuming, expensive, uncertain and disruptive. Arbitration and mediation are the cornerstones of alternative dispute resolution (ADR). By providing the parties with more control over the dispute resolution process, ADR can be quicker, less costly, and less disruptive than litigation. That said, in the view of many experienced practitioners, arbitration has morphed into a time-consuming process, often as expensive as litigation and has other shortcomings such as the non-appealability of the arbitrator's decision. Not so mediation which I believe to be a materially better form of ADR.
ADR: A Streamlined Resolution Mechanism
Litigation? Arbitration? Mediation? Each "entrée" on the dispute resolution menu has its place.
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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.
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.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.