Features
Common Issues In Commercial Property Bankruptcies
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
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
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
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
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
No Quorum At Shareholders' Meeting Nuisance and Fraudulent Conveyance Claims Restored
Columns & Departments
Development
Landowner Lacked Standing to Challenge Zoning Amendment Sierra Club Lacks Standing to Challenge Zoning Amendment
Columns & Departments
Landlord & Tenant Law
DHCR Had Rational Basis for MCI Determination Guarantor's Letter Did Not Revoke Guaranty
Features
Issues Addressed In Supreme Court 'Unicolors' Argument
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
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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