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Can a Tenant Enforce a Right of Refusal In Third-Party Sale? Image

Can a Tenant Enforce a Right of Refusal In Third-Party Sale?

Alan Nochumson & Alex Goldberg

In Tri-Outdoor v. Keyser, the Pennsylvania Superior Court recently addressed whether a tenant could specifically enforce a right of first refusal provision contained in a lease agreement where the landlord sold the leased premises to a third-party purchaser.

Columns & Departments

Real Property Law Image

Real Property Law

NYRE Staff

Buyer's Anticipatory Repudiation Results In Forfeiture of Down Payment Constructive Trust Claim Supports Notice of Pendency

Features

SCOTUS to Hear Cases on Limits of Mail and Wire Fraud Statutes Image

SCOTUS to Hear Cases on Limits of Mail and Wire Fraud Statutes

Robert J. Anello & Richard F. Albert

Federal courts long have struggled to define the limits of the mail and wire fraud statutes, laws famously characterized as the prosecutor's true love for their vast breadth and catch-all adaptability. After sidestepping opportunities in the past, the U.S. Supreme Court is now wading into two different and controversial manifestations of that flexibility.

Columns & Departments

Fresh Filings Image

Fresh Filings

ELF Staff

A look at moves among attorneys, law firms, companies and other players in entertainment law.

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

NYRE Staff

Double Rent Holdover Provision Enforceable; Late Fee Unenforceable As a Penalty Extrinisic Evidence Inadmissible to Vary Terms of Lease Agreement Court Upholds Holdover and Prejudgment Interest Provisions Unsigned Lease Agreement Not Binding

Features

Second Circuit Ruling Offers Ways to Mitigate FCPA Risk Through Corporate Structure Image

Second Circuit Ruling Offers Ways to Mitigate FCPA Risk Through Corporate Structure

Andrey Spektor

Despite the FCPA's breadth and its aggressive enforcement, it has largely escaped judicial scrutiny. Individuals and companies are reluctant to test the bounds of the law and risk federal prison or crippling penalties. But one man has refused to fall in line and has almost single-handedly shaped recent FCPA jurisprudence.

Features

Update On Preference and Fraudulent Transfer Litigation Image

Update On Preference and Fraudulent Transfer Litigation

Michael L. Cook

The appellate courts have been busy explaining or clarifying preference and fraudulent transfer law. Although novices may think the Bankruptcy Code (Code) is clear on its face, imaginative counsel have found gaps in the statute and generated rafts of litigation since the Code's enactment in 1979. Recent appellate decisions, summarized below, show that courts are still making new law or refining prior case law.

Features

Rulings on COVID-19 Defenses In Commercial Real Estate Image

Rulings on COVID-19 Defenses In Commercial Real Estate

Massimo F. D'Angelo & Gregory Wong

Despite some new variants and a possible resurgence in the fall, the pandemic closures seem to be finally coming to an end. And with it, so too have most of the COVID-19 defenses in court cases involving commercial leases. However, all may not be foreclosed for a commercial tenant, particularly where a tenant is able to point to a specific provision of its lease that could excuse its obligation to pay rent during the closure of its business.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Brian Wilson's Ex-Wife Wins Remand Back to State Court of Her Claim to Share of Revenues from Sale of His Song Catalog

Columns & Departments

Eminent Domain Law Image

Eminent Domain Law

NYRE Staff

Claimants Failed to Establish That Property Would Have Been Rezoned Increased Award Proper Where Prior Regulation Might Have Constituted a Taking

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