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  • Tenant Who Stopped Paying Rent May Not Recover DamagesDoctrine of Emblements May Entitle Tenant to Collect Damages for Loss of CropsInsufficient Evidence to Support Use and Occupancy ClaimSuccessor Landlord Liable for Predecessor’s OverchargesGuaranty Law Did Not Protect Guarantor When Tenant Never Closed

    December 01, 2024New York Real Estate Law Reporter Staff
  • Foreclosure Sale Bidder Entitled to Return of Down Payment When Title Was Not MarketableInadequacy of Price Does Not Establish Duty to Inquire About Fraud

    December 01, 2024New York Real Estate Law Reporter Staff
  • Hotel management agreements often contain language permitting a hotel owner to terminate if the hotel’s performance fails to meet certain financial metrics. This provision, colloquially referred to as the “performance test,” is touted as a form of protection for owners by providing a right to terminate (or to receive a “cure payment”) if the hotel underperforms. But the reality is performance tests are generally structured to make them difficult, if not impossible, to fail, leaving hotel owners without the financial protection they thought they bargained for — or worse.

    December 01, 2024Todd E. Soloway and Bryan T. Mohler and Itai Y. Raz
  • When franchisees choose to financially reorganize under the Bankruptcy Code, they may be the right size to choose to reorganize under Subchapter V of Chapter 11. Where the franchisor and the franchisee cannot reconcile, Subchapter V may provide the franchisee with breathing room and leverage to be revitalized.

    December 01, 2024Craig R. Tractenberg
  • Sooner or later, everyone needs a lawyer. It has been said the average American knows 600 people. You might have done a good job at raising awareness among your friends about how your can help them. Your partner likely knows 600 people too. There is overlap, but plenty of new names. Can they spot a business opportunity and tell your story?

    December 01, 2024Bryce Sanders
  • Notable recent court filings in entertainment law.

    December 01, 2024Entertainment Law & Finance Staff
  • Global privacy control lets computer users set privacy preferences in their browsers, automatically sharing those choices whenever users go to a site. It’s supposed to give individuals more control over their personal data, allowing them to opt in or out of cookie usage, data sharing, data selling and targeted advertising.But they only work if companies honor them. And in most instances, they don’t.

    December 01, 2024Maria Dinzeo
  • As a leader, one of your main responsibilities is helping your lawyers generate more revenue. But what tools and approaches can you employ to make that happen?This article shares insights from a five-week mastermind program conducted with 20 Professional Development experts from Am Law 200 firms.

    December 01, 2024David H. Freeman
  • Despite a Supreme Court ruling aimed to curb the prosecutorial overreach of the Aggravated Identity Theft Statute by narrowing its interpretation, the statute remains inherently vague, perpetuating unjust outcomes. Without legislative amendment or more definitive judicial guidance, the statute will continue to serve as a tool for prosecutorial overreach.

    December 01, 2024Andrew Mancilla and Robert Fantone