Features
Ripeness: Why Efforts to Bypass Local Land-Use Decisions Die on the Vine In the Second Circuit
As land-use cases increasingly find themselves in federal court, 61 East Main Street stands as a pivotal reminder to litigants that frustration with municipal delay is no substitute for finality. The decision echoes the clear stance taken by the Second Circuit: district courts will not serve as zoning boards of appeal for restless developers.
Features
The Expansion of Expensing Depreciable Property Under the OBBBA
The so-called One Big Beautiful Bill Act made a number of significant changes to the tax law. Among these was the expansion of rules governing the upfront expensing of certain depreciable property. While the changes are largely favorable to taxpayers, there are several potential traps for the unwary.
Features
Pre-Negotiation Agreements Can Protect Lender’s Interests In Commercial Real Estate Loan
A timely and properly drafted “pre-negotiation agreement” should ensure that all discussions or draft agreements exchanged between the parties are neither enforceable prior to final execution of a settlement agreement nor admissible in any court proceeding.
Features
Commercial Real Estate Leases and Disposition of Environmental Claims
Since enactment of the Bankruptcy Code, certain types of claims continue to be vigorously litigated, perhaps because adjudication requires a fact-intensive analysis by the court. In the commercial real estate sector, such examples include landlord-tenant commercial real estate lease claims and the disposition of environmental cleanup claims under state and federal law.
Features
AI Emerging As Critical Tool for Commercial Real Estate
In the fast paced world of commercial real estate, AI is emerging as a critical tool to increase efficiency, reduce costs and provide new opportunities. The infusion of AI into the real estate industry has the potential to change how properties are valued, managed and marketed.
Features
Constitutionality of Tax Sale Practices Questioned By NY’s Second Department
When a village or other taxing authority conducts a tax lien sale, and the purchaser of the tax lien subsequently acquires a tax deed, what rights does the tax-delinquent former owner of the property enjoy?
Features
Revolutionizing Workplace Design: A Perspective from Gray Reed
In an era where the workplace is constantly evolving, law firms face unique challenges and opportunities in facilities management, real estate, and design. Across the industry, firms are reevaluating their office spaces to adapt to hybrid work models, prioritize collaboration, and enhance employee experience. Trends such as flexible seating, technology-driven planning, and the creation of multifunctional spaces are shaping the future of law firm offices.
Features
Lease Analysis Gives Win for Commercial Landlord In Bankruptcy Case
The Second Circuit ended a multi-year litigation by affirming a district court’s decision that a landlord’s appeal was “moot for lack of a remedy because, although [that] court [had properly] vacated the assignment and assumption of the lease …, the lease would not revert to [the landlord under Code] §365(d)(4), and that [the landlord] had no alternative remedy.”
Features
Potential Antitrust Risks When Using AI-Driven Software Pricing Tools
Companies need to seriously consider the potential antitrust risks when using AI-driven or algorithmic software-based third-party services for things such as pricing or inventory management. These tools can increase efficiency, but can also lead to serious antitrust risks.
Features
No Guarantee NY's Guaranty Law Survives Constitutional Scrutiny
After nearly four years of litigation, the Second Circuit held recently that a small commercial landlord lacked standing to seek declaratory relief against the City of New York challenging the Guaranty Law under the Contracts Clause of the U.S. Constitution.
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