A Tenant's Perspective on SNDAs: Non-Disturbance Is Not Enough
September 01, 2019
Part One of a Two-Part Article
This article outlines the basic elements of an SNDA and will explain the differences between the concepts of "non-disturbance" and "recognition," while contending that lease recognition is more important to the tenant than not having its possession disturbed.
It's Time to Take Third-Party Risk Seriously
September 01, 2019
The use of new technologies such as the Internet of Things (IoT), mobile and cloud by vendors add to the question: Where is my data, and how can I protect it when it is in someone else's hands? In the hustle and bustle of daily business, third parties often become the overlooked or unwitting accomplice in criminal activities.
Lessor Repossession of Property on Eve of Lessee Bankruptcy
September 01, 2019
Voluntary Turnover or Face Contempt
Lessors who repossess property immediately prior to a lessee bankruptcy filing may be required to return such property or face sanctions by the bankruptcy court. Federal courts are currently split on the issue of whether the lessor must voluntary surrender property seized pre-petition or may hold such property until such time as the debtor seeks, and obtains, an order of turnover.
Leadership for the Strong
September 01, 2019
There are a few things about being an effective leader that books and professors don't seem to directly address. Here are some tips to help partners who lead operational teams, offices, practices, departments, or the firm itself, to implement for leadership impact.
They're Baaaaack. Disclosure-Based 14(A) Claims Making a Ghostly Return
September 01, 2019
Following the Delaware Chancery Court's ruling in In re Trulia, Inc. that effectively closed the door to 14(a) disclosure-based settlements in Delaware state court, federal courts saw an influx of 14(a) "merger objection" litigation. More often than not, these suits are quickly dismissed following the company's issuance of a supplemental proxy with additional disclosures and the parties negotiate a mootness fee. The transaction closes and all parties move on — or so we thought. An emerging trend suggests that exposure to 14(a) claims may coming back from the near dead.
When Being a Star Rainmaker Is Not Enough
September 01, 2019
Why EQ Leads to Even Better Business Results
It is not uncommon for law firms to face negative business outcomes caused by the behavior of a star rainmaker who is unaware of the impact that they have on others. And that's what emotional intelligence (EQ) is about and why it's so important to lead to better business results. What can law firms do to help their star partners increase their emotional intelligence to avoid potentially disastrous business outcomes for themselves and their firms?
Fees on Fees
September 01, 2019
Collecting the Legal Fees It Cost You to Collect Legal Fees
Does your New York commercial lease form expressly provide that the landlord may recover the legal fees it incurs to recover legal fees from its tenant? If not, then the landlord may be out of luck trying to recover such "fees on fees," as they are known. But it wasn't always this way.
Epstein Saga Puts Spotlight on Crime Victim's Rights Act
September 01, 2019
The significance of the Crime Victims' Rights Act (CVRA), which is intended to guarantee crime victims a role in federal criminal proceedings, has been highlighted in the case of Jeffrey E. Epstein, the financier accused of sexually trafficking underage girls. Because the government's noncompliance with the CVRA in negotiating Epstein's plea deal in 2008 led to Alexander R. Acosta losing his cabinet position as Secretary of Labor, practitioners can expect prosecutors and judges to be more focused on the CVRA going forward.
New York's 2019 Rent Laws: Impact on Commercial Landlords
September 01, 2019
NY Gov. Andrew Cuomo signed legislation modifying existing rent laws and enacting significant landlord-tenant reforms. To date, the real estate industry has focused primarily on the sweeping impact the new laws will have on residential tenancies and the deregulation of rent-stabilized apartments. The reforms, however, also dramatically impact commercial tenancies by altering non-residential summary proceedings and significantly hampering the ability of commercial landlords to respond effectively and quickly to tenant defaults.
