Features
Michael L. Cook
The Second Circuit, on remand from the U.S. Supreme Court, further remanded to the district court the key issue of whether the Chapter 11 debtor gave "adequate assurance of future performance of" a commercial real property shopping center lease "as required by [Bankruptcy Code] §365(b)(3)(A)," after the debtor's assignment of its lease.
Features
Lawrence J. Kotler
&
Ryan Spengler
While this case does not fully open the courthouse doors to cannabis-related businesses and seemingly grants the bankruptcy courts a great deal of discretion when ruling on similar cases in the future, cannabis-related businesses may now have a roadmap to pursue reorganization.
Columns & Departments
New York Real Estate Law Reporter Staff
Notice of Pendency Improper In Private Nuisance Action
Incapacity and Undue Influence Challenge to Deed Fails
Authority Entitled to Divert Surface Water
Covenant Restricting Landscaping Changes Enforced
Failure to Record Does Not Invalidate Deed Against Purchaser Charged With Notice
Features
Francis J. Lawall
&
Brenden S. Dahrouge
In upholding the bankruptcy court's determination that the payment of insurance proceeds could be such a transfer, the Fifth Circuit underscored the complex interplay between state law, bankruptcy law and the rights of creditors in bankruptcy proceedings.
Columns & Departments
New York Real Estate Law Reporter Staff
Attorney's Fee Awarded On Interest Accruing During Appeal
Features
Ross Todd
A Q&A with the team working on the Alex Jones/Sandy Hook case in bankruptcy court in Texas, who provides an inside look at the case, their strategy, and some takeaways.
Features
By Zachary D. Cleary, Jose J. Jimenez
&
Taryn A. Elliott
The future is only redesigned every so often, so it is worth asking, what will this new technology look like, and how can pioneers protect their user-facing innovations that will define this emerging space? Design patents are the answer.
Columns & Departments
New York Real Estate Law Reporter Staff
Tenant's Summary Judgment Motion Denied In Rent Overcharge Proceeding
Columns & Departments
Entertainment Law
&
Finance Staff
Notable court filings in entertainment law.
Features
Alan Nochumson
&
Alex Hamilton
In a recently published opinion, the Pennsylvania Commonwealth Court rejected an appeal brought by neighboring property owners alleging that a local ordinance constituted impermissible spot zoning. In its analysis, the Commonwealth Court emphasized the heavy burden a challenger must meet to overcome the presumptive validity of a zoning ordinance.
