New York’s UCC Amendment Creates Framework for Digital Assets
February 01, 2026
On Dec. 5, 2025, New York Governor Kathy Hochul signed into law a set of amendments to the New York Uniform Commercial Code which create a new article, Article 12, covering a broad range of digital assets, with various associated changes to other UCC provisions.
NJDEP Revises Rule On Reporting Hazardous Substance Discharge to Require Property Owner Notification
February 01, 2026
Under the re-proposed rule, any person who discovers a discharge of a hazardous substance during all appropriate inquiry must notify the record owner of the property where the discharge is discovered. This requirement to inform the record owner of the property applies to any person conducting all appropriate inquiry. Once the record owner is informed of the presence of the discharge, the owner has a legal obligation under the Spill Act to report the discharge to NJDEP and to initiate remediation of the contamination.
Commercial Real Estate Loan Workouts and Right-Sizing, Part 2
February 01, 2026
This two-part series examines several options for the commercial real estate loan in distress. The first installment provided a primer on the traditional, more commonplace options available to the parties. This final installment identifies and examines a more creative approach, one which right-sizes the loan and the underlying real estate and resets value for today’s market.
NY Court of Appeals Rules on SEQRA Standing for Property Owners
February 01, 2026
The NY Court of Appeals’ decision in Seneca Meadows reinforces the principle that standing to challenge SEQRA compliance is not uniform for all challengers. Courts will assess affected property owners’ standing to bring SEQRA claims differently from how they assess neighboring owners or other groups.
Court of Appeals Rules on 'Good Guy' Guarantees
January 01, 2026
The Court of Appeals reversed a line of lower court cases which had upended the expectations of innumerable contracting parties who bargained for limited “good guy” guaranties.
Commercial Real Estate Loan Workouts and Right-Sizing
January 01, 2026
Part One of a Two-Part ArticleToday’s commercial real estate market is in distress and has been, across a variety of asset classes, for several years. The reasons are well known. The options for the loan in distress are somewhat well known. They are becoming less mysterious day by day. These more traditional options will be described in the first installment of this article below.
Insights Learned from High-Stakes Commercial Insurance Recovery Matters
January 01, 2026
Commercial insurance policyholders require nuanced approaches to protect their assets both before and after suffering a loss due to catastrophic weather. With loss severity and increased frequency of catastrophic events being a stark reality, businesses must take a closer look at all the ways they can safeguard their rights.
