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Features

Common Issues In Commercial Property Bankruptcies Image

Common Issues In Commercial Property Bankruptcies

Robert K. Scheinbaum & Philip W. Allogramento III

As the commercial real estate market undergoes seismic shifts, companies may find themselves in situations where their tenant or their landlord has filed for bankruptcy protection. Questions then quickly arise, such as if and how a landlord may evict a bankrupt tenant, whether a bankrupt tenant may remain as a lessee and continue to occupy the premises, and how to measure damages for a landlord in this situation, both before bankruptcy and going forward post-petition.

Features

Poorly Drafted Nondisclosure Agreements Can Have Lasting, and Expensive, Results Image

Poorly Drafted Nondisclosure Agreements Can Have Lasting, and Expensive, Results

Joseph Pack & Jessey Krehl

In today's increasingly complex, competitive and litigious business environment where nondisclosure agreements have crept in scope to also be noncompete agreements or anti-poaching agreements in addition to confidentiality agreements, the need for legal professionals with generalized knowledge who have managed business enterprises on a whole has become a mainstay of the corporate world.

Features

Legal Tech: Effective Preservation Measures In Litigation Readiness Image

Legal Tech: Effective Preservation Measures In Litigation Readiness

Philip Favro

Basic ESI preservation steps, including litigation holds, relevant source checklists, and follow up steps with custodians may not be enough in some instances. Given the frequency of data loss from custodial and non-custodial sources, companies should also consider incorporating remediation strategies into their approach to preservation to better ensure defensibility.

Features

Damage Mitigation Under the HSTPA Image

Damage Mitigation Under the HSTPA

Stewart E. Sterk

When the NY state legislature enacted the Housing Stability and Tenant Protection Act of 2019 (HSTPA), much of the statute's focus was on increased protection for rent regulated tenants. But the statute also includes a number of significant provisions that apply to market rate tenants.

Columns & Departments

Real Property Law Image

Real Property Law

NYRE Staff

Questions of Fact About Whether Deed Conveyed to Centerline of Abutting Road Deed Created Easement, Not Fee Questions of Fact About Meaning of Restrictive Covenant Adverse Possession By 99-Year Lessee Equitable Lien Claim Fails Agreement Released Trespass and Nuisance Claims Against Neighbor Easement Not Abandoned

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

NYRE Staff

No Quorum At Shareholders' Meeting Nuisance and Fraudulent Conveyance Claims Restored

Columns & Departments

Development Image

Development

NYRE Staff

Landowner Lacked Standing to Challenge Zoning Amendment Sierra Club Lacks Standing to Challenge Zoning Amendment

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

NYRE Staff

DHCR Had Rational Basis for MCI Determination Guarantor's Letter Did Not Revoke Guaranty

Features

Issues Addressed In Supreme Court 'Unicolors' Argument Image

Issues Addressed In Supreme Court 'Unicolors' Argument

Robert W. Clarida & Thomas Kjellberg

Some of the major issues the court addressed in the Unicolors oral argument, and some questions that are likely to remain open no matter the outcome.

Features

Clarity on Patent Eligibility Law Could Be Coming In 2022 Image

Clarity on Patent Eligibility Law Could Be Coming In 2022

Scott Graham

The murkiness around patent eligibility is one reason innovators have been turning more toward trade secret law to protect their inventions.

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MOST POPULAR STORIES

  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “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.
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  • Private Equity Valuation: A Significant Decision
    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.
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  • Bankruptcy Sales: Finding a Diamond In the Rough
    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.
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