Features

Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“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)
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>.
Columns & Departments
Case Notes
Contractual Allocation of Damage Risk Thwarts Insurer's Subrogation Claim<br>Lacking Specifics, Lease Term Is Unenforceable
Features

Claim of Non-Purchasing Tenant Status Rebuffed
When developers convert occupied buildings to condominiums or, less frequently, cooperative ownership, non-purchasing tenants are protected from eviction. When tenants in those buildings acquire vested rights as non-purchasing tenants is significant for developers, because the timing dictates the number of units that will be available for sale to outside purchasers. It is, therefore, no surprise that this is a highly charged and contested issue.
Features

10 Categories of Provisions to Consider in any Commercial Lease
Part One of a Two-Part Article When entering into a lease for commercial space, there are some items that should not be overlooked. Landlords and tenants alike should make sure that the following things are addressed in the lease, one way or another.
Columns & Departments
Development
Cemetery Entitled to Use Variance<br>ZBA Usurpation of Planning Board Authority<br>Statutory Factors Need to Be Considered In Denial of Area Variance
Features

Inheriting Tenants in Default?
An Illinois Appellate Court recently ruled in favor of a commercial tenant after a new owner acquired a commercial building and attempted to collect accrued unpaid rent owed to the previous landlord.
Columns & Departments
Real Property Law
Title Insurance Inducements<br>Purchaser's Willful Default/Down Payment<br>Tortious Interference Claim Reinstated<br>Easement Scope<br>Mortgage Acceleration
Features

A Clash Between 'Free and Clear' and Tenants' Rights Under the Bankruptcy Code's Section 365(h)
With the recent carnage in the retail industry, including Sears and many other retailers of all shapes and sizes, a lot of attention goes to the fate of landlords when their tenants seek bankruptcy protection.
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