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New York's Good Cause Eviction Law: An Overview and Impact Analysis

August 01, 2024

The effectiveness of the Good Cause Eviction Law will largely depend on its implementation and the local adaptations that municipalities outside New York City decide to enact. Both landlords and tenants should stay informed about the specifics of how this law is applied in their respective locales and how it will be interpreted and handled in the judicial system.

The Future Viability of 105(a) Injunctions Following the Supreme Court's Decision In 'Purdue Pharma'

August 01, 2024

Until now, a successful reorganization assumed the debtor could confirm a plan with nondebtor releases and injunctions based on less than full creditor consensus. Now that nonconsensual releases in Chapter 11 plans are no longer permitted, will debtors have a more difficult time obtaining a 105(a) injunction?

Post-Bankruptcy Petition Lease Claims Don't Automatically Result In An Administrative Expense Claim for Unpaid Rent

August 01, 2024

If a commercial landlord desires to request post-bankruptcy petition rent and enforcement of other terms of the lease, they should immediately make formal demand for rent and compliance

Cap Rate Misery Impacts CRE Investors

August 01, 2024

The low cap rate regime became a game of musical lifeboats on the Titanic and the big question was, who would get stuck without a lifeboat as the mighty ship sank?

Landlord & Tenant Law

August 01, 2024

Notice Sufficient In Action to Eject Occupant Lease's Taking Clause Excuses Tenant from Payment of Rent<br Village's ETPA Resolution Upheld Landlord's Delay In Providing Itemized Statement Precludes Landlord from Retaining Any Portion of Security Deposit Assignee Liable for Breach of Lease Constructive Eviction and Warranty of Habitability Defenses Rejected

Three Questions Regarding Zoning and EV Charging Stations

August 01, 2024

Owners of office and multi-family developments that install new charging stations are likely to see an increase in property values because their buildings will attract or retain EV owners. In order to facilitate and encourage more EV charging stations, municipalities need to update their zoning ordinances to regulate and manage this new land use.

Big Law In NYC Looking for Smaller, New Class A Spaces

August 01, 2024

Overall this year, law firms have been more likely to leave their current spaces and relocate, but they continue opting for smaller spaces.

Do Post-Bankruptcy Petition Lease Claims Automatically Result In An Administrative Expense Claim for Unpaid Rent?

August 01, 2024

In In re Jughandle Brewing, a NJ Bankruptcy Court concluded allowance of an administrative expense claim is not automatic and also may not be the sole remedy for a debtor or trustee's failure to perform its post-petition obligations under a commercial lease.

Strategies for Commercial Lease Agreements In Florida

August 01, 2024

This article explores several key clauses and negotiation strategies that are beneficial to the parties in general but in particular may help landlords protect their investments and optimize returns.

Heavy Uptick In Ch. 11 Cases Leads Surge In Bankruptcy Filings In First Half of 2024

August 01, 2024

Consumer and commercial bankruptcy filings have surged in the first six months of 2024 compared with the same period in 2023, a study said.

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Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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Considerations When Entering Into a Tolling Agreement
Defense counsel in complex white-collar investigations are often asked to waive these important protections by entering into tolling agreements, stopping the clock on the statute of limitations at issue. Whether such an agreement is actually in a target or subject's best interest presents a difficult question, and COVID-19 has impacted the calculus.
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CoStar Wins Injunction for Breach-of-Contract Damages In CRE Database Access Lawsuit
Latham & Watkins helped the largest U.S. commercial real estate research company prevail in a breach-of-contract dispute in District of Columbia federal court.
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'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers
In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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