Rent Obligations of Successor Tenant to Rent-Controlled Apartment Commences At Prior Tenant's Death
Landlord Not Entitled to Attorneys' Fees Incurred In Defending Unsuccessful Class Action
A bankruptcy court preliminary injunction should be reviewable as of right because of Supreme Court precedent, the rulings of other courts and common sense.
Administrator's Deed Divested Distributees of Ownership Interest
No Rescission of Deed When Mistake Was Not Mutual
Restrictive Covenant Did Not Bar Educational Use
Issues of Fact About Mortgagee's Knowledge of Fraud Precludes Summary Judgment
No Private Right of Action to Enforce Food Cart Regulations
The Massachusetts Appeals Court recently reversed a judgment in favor of a landlord in a tenant default matter, finding that a provision of a commercial lease that accelerated the remaining rent as liquidated damages is unenforceable as a penalty. The opinion "brings uncertainty to thousands of existing commercial lease agreements."
Many practitioners have been speculating as to how courts will address the potential remedy for the unconstitutional U.S. trustee fees imposed against Chapter 11 debtors pending in U.S. trustee districts under the 2017 amendment to 28 U.S.C. Section 1930.
In the past two years, in litigations between commercial landlords and commercial tenants, appellate courts continued to issue decisions on topics, unrelated to COVID questions, that should interest all real estate attorneys and their clients.
Absence of Itemized Statement Did Not Justify Cancellation of Co-Op Corporation's Liens
Jury Trial Waiver Enforced
Statute of Frauds Prevents Enforcement of Gift of Co-Op Shares
Mitchell-Lama Occupant Successor Occupant Entitled to Injunction Tolling Exclusive Purchaser Period
Practitioners Weigh In
If anyone was holding out hope for a tidal wave of corporate bankruptcies in 2022, it's time to abandon ship. If that was part of your 2023 budget, don't get on the ship altogether.
Landlord's Re-Entry Not Authorized By Lease Provision
Plans to Demolish Building Supported Denial of Renewal Lease
Guarantor Entitled to Raise Questions of Fact About Entitlement to Rent Abatements
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.
