Failure to Procure Insurance Not a Curable Breach; Yellowstone Injunction Denied
June 01, 2019ssalkin
Expired Lease Terms Don't Automatically Apply
Landlord Not Liable to Third PartyJune 01, 2019ssalkinFor companies suspected of wrongdoing, cooperating with DOJ investigations and self-disclosing their misconduct often appears to be their only option to avoid prosecution and reduce large financial penalties. But, these benefits often come at a price, especially to company employees who are caught in the middle.
June 01, 2019David S. Krakoff, Bradley A. Marcus and Nadav ArielIndustrial Development Agency's Determination Rationally Related to Stated Public Purpose
Industrial Development Agency Did Not Have Authority to Condemn Land Already Used for a Public PurposeJune 01, 2019ssalkinState Appeals Court Decides Alimony for Country Artist Joe Diffie's Ex-Wife Shouldn't Be Based on “Speculative Income”
Arbitration Clause in TV-Show Appearance Release Found Severable From Rest of AgreementJune 01, 2019Stan SoocherOne of the powerful benefits of bankruptcy is the ability to obtain a “fresh” start by obtaining a discharge of most, but not all claims that arose prior to the filing of the bankruptcy case. But when does a claim arise? This issue is especially complex when environmental contamination claims are involved.
June 01, 2019Andrew C. Kassner and Joseph N. Argentina Jr.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.
May 30, 2019Terrence M. DunnDespite 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.
May 01, 2019Terrence M. DunnReal estate practitioners tend to think of covenants that run with the land as absolute. Another way to look at such covenants is that there are contractual in nature, and that contractual provisions can be waived or abandoned, at least by the party that benefits from them. That is what the First Department recently held in New York City Transit Auth. v 4761 Broadway Assocs., LLC.
May 01, 2019Jeffrey Turkel
