Simon v. Starbucks: Preliminary Injunction Granted to Prevent Store Closings

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  Negotiating Relocation Rights

  By 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.

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  Commercial Lease Terms: More Issues to Cover

  By Alan Nochumson

  Part Two of a Two-Part Article

  
  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.

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  Risks of “Baseball Arbitration” in Resolving Real Estate Disputes

  By 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.

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• Case Notes

  By ssalkin

  Contractual Allocation of Damage Risk Thwarts Insurer’s Subrogation Claim
  Lacking Specifics, Lease Term Is Unenforceable

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