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According to Steam's owner Valve Valve says that in 2023 Bucher launched a mass‑arbitration drive through his new practice, The Bucher Law Firm. As part of this push, he advised Steam users that pursuing arbitration alleging the platform monopolised the gaming market to keep prices artificially high was a better route than a class action. Valve also contends Bucher embarked on the campaign after being dismissed from Zaiger LLC and accused of taking its client list, again urging users to choose arbitration over a class action. His firm then issued a settlement demand that Valve characterises as extreme and beyond any plausible recovery, and submitted thousands of arbitration filings to the American Arbitration Association. In May, Bucher Law sought rulings in four of its cases to have the arbitration clause in the company’s former subscriber agreement declared unenforceable. Those applications were granted in July, after which Steam dropped its arbitration clause, prompting users to accept a new subscriber agreement last month...
Introduction This playbook offers guidance on negotiating the terms of an assignment clause for a lease of part of a larger property, such as an office block or a shopping centre (or another comparable retail setting), with the objective of making those terms more favourable to a tenant (‘tenant‑friendly’ or ‘pro‑tenant’). It sets out preferred clauses, fallback wording, and drafting commentary designed to benefit the prospective tenant throughout. Lawyers acting for prospective tenants, and in‑house counsel, can use it, tailoring it where appropriate to address client‑specific matters and to ensure the client’s interests are fully protected. The risk profile identified in the playbook may vary according to the client. Note that the playbook does not provide drafting for circumstances where the tenant has a significant negotiating advantage (eg where the tenant is an anchor tenant). It forms part of a collection of pro‑tenant playbooks within this series. For a list of the other playbooks in the collection, together with a list of other content concerning commercial tenancies, see the...
Introduction This playbook sets out guidance on negotiating the terms of a tenant’s break right (also called a tenant’s break clause or option to break/determine) where the lease covers part of a larger building, for example an office block or a shopping centre (or a comparable retail setting), with the aim of making the terms more favourable for a tenant (‘tenant‑friendly’ or ‘pro‑tenant’). It contains preferred provisions, fallback wording, and drafting commentary that are designed to favour the prospective tenant. The playbook is intended for lawyers representing prospective tenants and in‑house counsel, who should adapt it as required to address client‑specific matters and to ensure that client’s interests are fully protected. The degree of risk referenced in the playbook may differ according to the client. Note that it does not provide drafting for situations where the tenant has a significant bargaining advantage (eg where the tenant is an anchor tenant). This document forms part of a suite of pro‑tenant playbooks. For details of the other playbooks in the suite,...
Introduction This playbook sets out guidance for negotiating the terms of an underletting clause for a lease of part of a larger building, such as an office block or a shopping centre (or a comparable retail setting), with the aim of making those terms more favourable for the tenant (‘tenant-friendly’ or ‘pro-tenant’). It features preferred provisions, fallback wording, and drafting notes that support the prospective tenant’s position. Lawyers acting for prospective tenants and in-house counsel can use this playbook and should tailor it to address client-specific matters to ensure the client’s interests are fully protected. The level of risk indicated may vary by client. Note that the playbook does not provide drafting for situations where the tenant has a substantial negotiating advantage (for example, where the tenant is an anchor tenant). This document forms part of a collection of pro-tenant playbooks. For a list of the other playbooks in the collection, along with additional content concerning commercial tenancies, see the Commercial tenancies subtopic...