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Features

Electronic Signatures: Legal and Practical Considerations for E-Signing on the Virtual Dotted Line Image

Electronic Signatures: Legal and Practical Considerations for E-Signing on the Virtual Dotted Line

Anthony J. Diana & David G. Krone

In assessing whether or how to employ e-signatures, particularly in higher risk transactions, organizations should be careful to manage the practical issues and potential legal complexities associated with e-signatures through careful assessment and a robust governance program.

Features

Permitted Uses: Flexibility and Adaptability Image

Permitted Uses: Flexibility and Adaptability

Glenn A. Browne

When negotiating permitted-use clauses under retail leases, landlords attempt to achieve the most comprehensive limitations possible so as to avoid conflicts with other tenants' leases and violations of exclusive-use clauses that are maintained by other tenants in the retail facility. Tenants, however, should be very careful to incorporate a certain degree of flexibility and adaptability into their leases' permitted-use clauses to take into account an evolving landscape.

Features

The Unlicensed Real Estate Broker in New York: Beware Image

The Unlicensed Real Estate Broker in New York: Beware

Janice G. Inman

The U.S. District Court for the Northern District of New York recently determined that because New York prohibits unlicensed real estate brokers from pursuing payment in its courts for services rendered, a plaintiff who performed real estate work for a client who then did not pay had no standing to sue.

Features

The Best Markets for Opportunity Zone Investors Image

The Best Markets for Opportunity Zone Investors

Paul Fiorilla

Opportunity zones are the latest big thing to hit the commercial real estate market, but many questions remain, including details of how deals can be structured, the best strategy for investing and just how much property there is in the zones.

Columns & Departments

Case Notes Image

Case Notes

ssalkin

Expired Lease Terms Don't Automatically Apply<br>Landlord Not Liable to Third Party

Features

Negotiating Relocation Rights Image

Negotiating Relocation Rights

Terrence M. Dunn

Despite the apparent risks, relocation provisions are frequently not a potential tenant's priority concern when negotiating the business points of a lease. This is a serious oversight. Signing a lease with an overly broad relocation provision can lead to many issues if the landlord elects to exercise its right to relocate the tenant.

Features

Negotiating Relocation Rights Image

Negotiating Relocation Rights

Terrence M. Dunn

Despite the apparent risks, relocation provisions are frequently not a potential tenant's priority concern when negotiating the business points of a lease. This is a serious oversight. Signing a lease with an overly broad relocation provision can lead to many issues if the landlord elects to exercise its right to relocate the tenant.

Features

Commercial Lease Terms: More Issues to Cover Image

Commercial Lease Terms: More Issues to Cover

Alan Nochumson

<b><i>Part Two of a Two-Part Article</b></i></p><br>Last month we began discussion of several topics of interest to tenants and landlords as they negotiate leases for commercial space. We continue here with more items that should not be overlooked by either party to a commercial lease during its formulation.

Features

Risks of “Baseball Arbitration” in Resolving Real Estate Disputes Image

Risks of “Baseball Arbitration” in Resolving Real Estate Disputes

Gerald M. Levy

“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.

Features

A Clash Between 'Free and Clear' and Tenants' Rights Under Bankruptcy Code Section 365(h) Image

A Clash Between 'Free and Clear' and Tenants' Rights Under Bankruptcy Code Section 365(h)

Albena Petrakov

With the recent carnage in the retail industry, a lot of attention goes to the fate of landlords when their tenants seek bankruptcy protection. A recent case that brings balance is <i>Revel AC Inc. v. IDEA Boardwalk, LLC</i>.

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