Features

Tenth Circuit: Government COVID Closure Orders Do Not Trigger Coverage for Loss of Business Income
In a recent case, the Tenth Circuit joined other circuits in holding that government closure orders due to the COVID-19 pandemic do not trigger insurance coverage for loss of business income, reasoning that the temporary inability to use property caused by COVID shutdown orders doesn't involve a covered physical loss of property.
Features

Law Firms Looking to Balance Decreasing Office Space With Increasing Head Count In 2022
Streamlining office space corresponds with industry-wide trends of law firms embarking on two seemingly paradoxical goals: decreasing their office space while aggressively growing head count.
Features

COVID-19 and Lease Negotiations: Early Termination Provisions
During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.
Features

A Look At What 2022 Has In Store for Commercial Real Estate
Disaster — a seemingly closed economy, crashed supply chains, tight labor availability, and many millions out of work — turned into rising values, some hot sectors, and rising rents and increased stability by 2021. Stepping into 2022 should be a good deal less jarring. And yet, there might be changes and surprises. Here's what experts see as coming up.
Features

Enforcement of Obligations Imposed In SEQRA Findings Statements
When, at the culmination of environmental review under the State Environmental Quality Review Act (SEQRA), a municipality resolves to require a developer to ameliorate environmental impacts, can anyone other than the municipality itself enforce the requirement?
Columns & Departments
Real Property Law
Encroachment By Party Wall Will Not Support a Notice of Pendency Questions of Fact Remain In Party Wall Dispute Easement Was Only for Access Seller's Failure to Provide Estoppel Certificates Excuses Purchaser from Performing Equitable Title Claim Upheld
Features

Enforcement of Obligations Imposed In SEQRA Findings Statements
When, at the culmination of environmental review under the State Environmental Quality Review Act (SEQRA), a municipality resolves to require a developer to ameliorate environmental impacts, can anyone other than the municipality itself enforce the requirement?
Columns & Departments
Landlord & Tenant Law
Nonpayment Proceeding Not Available for Use and Occupancy Questions of Fact About Whether Landlord Accepted Surrender Improper Withholding of Consent Does Not Excuse Guarantor Loft Board's Rejection of Abandonment Petition Upheld
Features

Making the Office a Destination: The Rise of Hospitality In Law Firms
The law firm office cannot remain unchanged, therefore, as if frozen in time set to some date prior to the onset of pandemic, when all the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.
Columns & Departments
Development
Town Law Does Not Require Public Hearing On Site Plan Approval
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