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Open Space and the Conundrum of High Stakes Zoning Disputes Image

Open Space and the Conundrum of High Stakes Zoning Disputes

Philip E. Karmel, James P. Colgate & Judith M. Gallent

The New York Court of Appeals' recent decision in Peyton v. BSA held, in the context of a zoning lot containing several residential buildings, that the Zoning Resolution of the City of New York does not require an area to be accessible to all residents of the zoning lot for the area to qualify as "open space."

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NY Court of Appeals Rules on Damages Clauses In Commercial Leases Image

NY Court of Appeals Rules on Damages Clauses In Commercial Leases

Linton Mann III & William T. Russell Jr.

In The Trustees of Columbia University in the City of New York v. D'Agostino Supermarkets, the NY Court of Appeals split on the issue of whether the relevant damages clause in a commercial lease was unenforceable as a matter of law because it was so grossly disproportionate to the ascertainable amount due upon full performance.

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The Small Business Reorganization Act: How It Started. How it's Going. Where to Next? Image

The Small Business Reorganization Act: How It Started. How it's Going. Where to Next?

Jack O'Connor

This article provides a brief overview of the SBRA and these first several months of its use — especially in light of the COVID-19 pandemic — concluding that in 2021, Congress should permanently adopt the CARES Act's expanded definition of a "small business debtor" as including businesses with up to $7.5 million in aggregate non-contingent liquidated debts.

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Challenges for Real Estate Lenders When Borrowers Default Image

Challenges for Real Estate Lenders When Borrowers Default

Jeffrey Steiner & David Broderick

During periods of distress in the real estate industry, if a lender is not going to enter into a consensual workout or loan restructuring with their defaulted borrower, the lender will be presented with the choice of either enforcing rights under its loan documents or marketing and selling the distressed loan.

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Law Firms Renegotiating Leases to Reflect 'New Normal' Image

Law Firms Renegotiating Leases to Reflect 'New Normal'

Justin Henry

As their commercial leases approach expiration and renewal, law firms are renegotiating the future of in-office legal work. For many, the "new normal" will feature an efficient floor plan that deemphasizes personal offices while paradoxically accommodating a growing attorney headcount.

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Does Corporate Attorney-Client Privilege Extend to Company Executive? Image

Does Corporate Attorney-Client Privilege Extend to Company Executive?

Elkan Abramowitz & Jonathan S. Sack

The question of when does company counsel also represent a company executive often comes up in white-collar issue investigations.

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Best Practices for Virtual Internal Investigations Image

Best Practices for Virtual Internal Investigations

Peter W. Baldwin, Daniel E. Pulliam, Elizabeth B. Boggia & Sophie H. Gotlieb

In order to ensure that remote internal investigations are probative and effective, companies and their outside counsel should employ a few simple and practical practices.

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Considerations When Entering Into a Tolling Agreement Image

Considerations When Entering Into a Tolling Agreement

Evan T. Barr & Christopher H. Bell

Defense counsel in complex white-collar investigations are often asked to waive these important protections by entering into tolling agreements, stopping the clock on the statute of limitations at issue. Whether such an agreement is actually in a target or subject's best interest presents a difficult question, and COVID-19 has impacted the calculus.

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Leveraging Data to Drive Innovation in A Post-Pandemic World Image

Leveraging Data to Drive Innovation in A Post-Pandemic World

Debra Baker

With a new year and fresh outlook for the future, the time is ripe for legal technologists and innovators to take the delivery of legal services and client experience to the next level. One key is recognizing that successful innovation is equal parts mindset, method and message.

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Perfecting Notice and Saving $$ Image

Perfecting Notice and Saving $$

Tinamarie Feil

The number one goal to save money while perfecting notice should be elimination of the production and mailing of paper notices while expediting notice delivery and eliminating postage costs.

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