A New Regime in Preference Litigation
April 01, 2020
One of the provisions of the Small Business Reorganization Act amends the language of Bankruptcy Code Section 547 —
which gives trustees and debtors in possession the right to seek to recover a payment to a third party in the 90-day period prior to the commencement of a bankruptcy case as a "preference" — to add a due diligence requirement. Though the intent behind the added language seems clear, it may not have its intended effect.
Selling in Times of Uncertainty
March 26, 2020
The natural instinct during times of chaos is to move into a place of scarcity. The single best gift you can offer clients is courage and confidence about the path forward.
Force Majeure and the Doctrine of Impossibility
March 26, 2020
The COVID-19 pandemic is resulting in landlords and tenants closely reviewing a clause in their lease that was long considered unimportant boilerplate. Yes, we are referring to the "force majeure" provision.
Sales Speak: Selling in Times of Uncertainty
March 20, 2020
The natural instinct during times of chaos is to move into a place of scarcity. The single best gift you can offer clients is courage and confidence about the path forward.
Litigators and Privacy: The Last People You Want to See, or the First?
March 01, 2020
In their consideration of possible worst-case cyber attack scenarios, organizations often focus on the various types of attacks and their relative severity. But, the worst-case scenario is not the breach, it's the reputational damage, regulatory enforcement action, the business interruption, and the inevitable litigation that follows a poorly handled breach from an unprepared organization. Given this reality, it is important to adjust planning assumptions and response scenarios to focus on addressing these drivers of post-breach exposure.
Neighbor Standing to Challenge SEQRA Determinations
March 01, 2020
When does an immediately adjacent neighbor have standing to challenge a SEQRA determination? In Matter of Sun-Brite Car Wash, Inc. v. Board of Zoning and Appeals, the Court of Appeals made it clear that adjacent neighbors have presumptive standing to challenge zoning determinations.
Key Provisions in Film Location Agreements
March 01, 2020
Property owners granting production companies access to their properties seems like a no-brainer — who wouldn't want their property featured in that next big blockbuster movie or hit television series? However, when filming occurs on private property, a location agreement is a must, from the perspectives of both the production company and the property owner.
Assignment and Consent Standards in Commercial Leases
March 01, 2020
Assignment provisions in commercial leases are heavily negotiated and very important to both landlords and tenants. This article presents a brief overview of the assignment provision in commercial leases, both office and retail.
