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Litigation

  • 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 01, 2019Terrence M. Dunn
  • Real 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
  • No Consequential Damages When State Takes Neighbor's Land

    May 01, 2019ssalkin
  • Nonconforming Use Not Discontinued
    Developer's Rico, Estoppel, and Equal Protection Claims Dismissed
    Denial of Area Variance Overturned

    May 01, 2019ssalkin
  • Affirmative Covenant Enforceable Against Successor Developer
    Post-Sandy FEMA Height Requirements Might Make Restrictive Covenant Unenforceable

    May 01, 2019ssalkin
  • Claim Based On Retaliation for Assertion of Fair Housing Rights Dismissed
    Failure of Consideration a Defense In Action Against Tenant's Guarantor

    May 01, 2019ssalkin
  • The CCPA is the first of its kind, generally applicable data protection law in the United States. What makes the CCPA unique is not only its applicability to companies like those in the entertainment and media industries, but also the rights it provides to consumers regarding their personal information (PI).

    May 01, 2019Samuel Cullari and Alexis Cocco
  • Elections have consequences, and the election of President Trump has resulted in a significant shift in law enforcement priorities. Corporate enforcement activity is at lows not seen in decades, despite an overall increase in federal criminal cases. This is a product of a change in priorities, both in terms of types of offenses and types of offender. So, for the time being, there will be almost unprecedented opportunity to achieve favorable resolutions for corporate clients.

    May 01, 2019Joseph F. Savage, Jr. and Marielle Sanchez