Summary of Developments Under New York's Environmental Quality Act
        
      September 01, 2018
    
 The courts issued 41 decisions in 2017 under the New York State Environmental Quality Review Act, and changes were made to regulations themselves this year. This article summarizes the most important of these cases and regulation changes, and the patterns they represent.
 
        Waiving the Right to <i>Yellowstone</i> Injunctive Relief
        
      August 01, 2018
    
 In a case of first impression, and after it decided public policy would not be offended, New York's Appellate Division, Second Department, decided earlier this year that commercial tenants may contractually waive the right to seek a <i>Yellowstone</i> injunction in <i>159 MP Corp. v. Redbridge Bedford,</i>
 
        Lease Rejection in Shiekh Shoes
        
      August 01, 2018
    
 Store closing or liquidation sales are a routine part of Chapter 11 cases involving retail debtors. These sales are consistently authorized by bankruptcy…
 
        Trump Administration Bars SBA Loans to Cannabis Industry Support Businesses
        
      July 01, 2018
    
 The U.S. Small Business Administration updated its standard operating procedures to prohibit providing loans to both marijuana- and hemp-related businesses and businesses deriving any gross revenue from sales to marijuana-related businesses (MRBs) including those providing lighting, hydroponic equipment or testing services.
 
        Cash Flow Drought: How to Identify and Deal with It
        
      June 01, 2018
    
 Cash flow management can be particularly challenging. You need to account for the time lag between cash going out and cash coming in. This requires financial and management discipline, strong internal policies and procedures for billing and collection policies, planning and attention to detail.
 
        Why Tenants Get Stuck in Bad Leases and How to Avoid It
        
      April 01, 2018
    
 Tenants end up signing leases that offer little to no flexibility as their businesses expand and contract, setting the stage for economic and operational stress that could have been avoided with upfront planning and prudent lease negotiations.
 
        Case Notes
        
      April 01, 2018
    
 Suit in Second Jurisdiction Is Duplicative<br>Mailing Rent Check While Doing Unauthorized Acts Is Not Mail Fraud
 
        Serving Two Masters: When 'Bankruptcy Remote' Meets Public Policy
        
      March 01, 2018
    
 <i><b>How Lenders to BREs Can Reduce the Risk of Debtor Bankruptcy Without Compromising Public Policies</b></i><p>Structured financing transactions, including those pertaining to commercial real estate, make extensive use of entities formed for the specific purpose of reducing the likelihood that assets will be involved in a potential bankruptcy proceeding. Known as “bankruptcy-remote entities,” or “BREs,” these entities are subject to structures and covenants in financing documents and their own formation documents, which are designed to reduce the likelihood that the BRE will file for bankruptcy protection.