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Navigating the Intersections of Commercial Real Estate and Eminent Domain Actions Image

Navigating the Intersections of Commercial Real Estate and Eminent Domain Actions

Ellen Smith & Elizabeth Story

For real estate attorneys, knowing how to navigate around eminent domain actions in the midst of various transactions and operations is critical to best position clients for the future condemnation conundrum.

Features

Understanding the Difference Between Advocacy and Obstruction When Facing Government Investigations Image

Understanding the Difference Between Advocacy and Obstruction When Facing Government Investigations

Christopher D. Carusone

Corporate counsel must understand the difference between advocacy and obstruction when facing government investigations.

Features

Fed Holds Rates and Signals Cuts In 2024 Image

Fed Holds Rates and Signals Cuts In 2024

Erik Sherman

The news is good. However, it doesn't look like what some in CRE might want, which is a return to ultra-low interest rates and high leverage.

Features

How Much Deference to Public Use Determinations? Image

How Much Deference to Public Use Determinations?

Stewart E. Sterk

How closely will New York courts scrutinize exercises of the eminent domain power? Until recently, courts have been quite deferential when entities clothed with eminent domain power have determined that private property is necessary for public use. Two recent decisions, however, suggest that there are limits to that deference.

Columns & Departments

Eminent Domain Law Image

Eminent Domain Law

NYRE Staff

Claimant Not Entitled to Consequential Damages of Lack of Access

Features

Scrutiny of Eminent Domain Power Image

Scrutiny of Eminent Domain Power

Stewart E. Sterk

How closely will courts scrutinize exercises of the eminent domain power? Until recently, courts have been quite deferential when entities clothed with eminent domain power have determined that private property is necessary for public use. Two recent decisions, however, suggest that there are limits to that deference.

Features

Carrots and Sticks: DAG Lisa Monaco Puts Her Stamp on DOJ'S Corporate Criminal Enforcement Policies Image

Carrots and Sticks: DAG Lisa Monaco Puts Her Stamp on DOJ'S Corporate Criminal Enforcement Policies

Harry Sandick & Hilarie Meyers

Going back many decades, each Deputy Attorney General (DAG) has promulgated revisions to the DOJ's corporate criminal enforcement policies, leaving behind eponymous policy memos that were carefully studied by defense attorneys. Like her predecessors, Deputy Attorney General Lisa Monaco has been quick to announce a series of revisions to DOJ's corporate criminal enforcement policies and practices.

Features

The Great Pandemic Heist: PPP Loan Fraud Image

The Great Pandemic Heist: PPP Loan Fraud

Edward T. Kang

In the COVID-19 era, there has been a heist of great value, but it has not gone undetected. Prosecutors have called the heist the largest fraud in U.S. history, with the thieves stealing hundreds of billions of dollars in taxpayer money through fraudulently obtained Paycheck Protection Program (PPP) loans.

Features

When Do COVID-19 Shutdown Orders Excuse Lease Guarantors? Image

When Do COVID-19 Shutdown Orders Excuse Lease Guarantors?

Stewart E. Sterk

Section 22-1005 of the New York City Administrative Code provides relief for individuals who guaranteed commercial leases when the tenant defaulted as a result of government orders issued during the early days of the COVID-19 pandemic. In recent months, however, litigation has emerged about the scope of that relief.

Features

Do COVID-19 Shutdown Orders Excuse Lease Guarantors? Image

Do COVID-19 Shutdown Orders Excuse Lease Guarantors?

Stewart E. Sterk

Section 22-1005 of the New York City Administrative Code provides relief for individuals who guaranteed commercial leases when the tenant defaulted as a result of government orders issued during the early days of the COVID-19 pandemic. In recent months, however, litigation has emerged about the scope of that relief.

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