Our real estate lawyers, led by Tom Kearns, write on the latest news and developments in commercial real estate law including limited liability company law and high-end residential real estate transactions. From surprising court decisions to new statutes and developments in markets affecting real estate law, there is always something worthwhile to examine and discuss. While we pride ourselves on consistently sharing high-quality information, we want this area of our site to be a conversation. We welcome your comments and opinions on any of our posts. We've also designed our blog so that it's easy to share any of our posts on sites such as LinkedIn, Twitter and Facebook. You may also want to follow Tom on Twitter @TDKearns where he tweets on commercial real estate and business law topics.

Top Ten Tax Issues To Be Careful of In LLC Agreements

Posted on March 7, 2013 by Nina Krauthamer, Thomas D. Kearns

Why you need a lawyer comfortable in income tax issues to draft or review your LLC Agreement. Read More ›

 |  Comments

Historic Medallions in New York City

Posted on March 4, 2013 by Thomas D. Kearns

Medallions placed by the Historic Landmarks Preservation Center add to the color and richness of New York. Read More ›

 |  Comments

Statute of Frauds and Partnership and Limited Liability Company Agreements

Posted on March 1, 2013 by Thomas D. Kearns

Be careful of creating binding oral agreements. Read More ›

 |  Comments

An LLC Agreement with no Buy/Sell Provision Haunts the Performing Member

Posted on February 20, 2013 by Thomas D. Kearns

Justice Demarest tries to help a member of an LLC but criticizes the LLC Agreement. Read More ›

 |  Comments

Landlords and Lenders Could be Liable for Damages Despite "No Damages" Clause

Posted on February 4, 2013 by Thomas D. Kearns

A clause providing that a landlord or mortgagee won’t be liable for damages may not be enforceable in the face of bad faith conduct. Read More ›

 |  Comments

Practical Implications of Delaware Kerflufle on Fiduciary Duty

Posted on January 28, 2013 by Thomas D. Kearns

Fiduciary Duties should be addressed in Delaware LLC agreements Read More ›

 |  Comments

Top Seven Reasons to Get a Survey When Buying a Business with Valuable Real Estate

Posted on January 22, 2013 by Thomas D. Kearns, Hyman Kindler

A survey is crucial in evaluating the real estate owned as part of a business and to make sure you are getting all that you think you are. Read More ›

 |  Comments

Restricting Access to LLC Books and Records

Posted on January 14, 2013 by Thomas D. Kearns

LLC Agreements may restrict access to the records of the Company Read More ›

 |  Comments

Contract Clause Does Not Protect Seller from Inequitable Conduct

Posted on December 19, 2012 by Thomas D. Kearns

The typical clause reciting that contract won't be binding unless countersigned does not defeat claims when signed contract and deposit is held by seller for two weeks. Read More ›

 |  Comments

Update of my Client Alert about using Delaware LLC’s vs. NY LLC’s

Posted on November 19, 2012 by Thomas D. Kearns

I have updated my Client Alert on using Delaware instead of New York LLC’s after New York's recent 546-552 West 146th Street v. Arfa New York Appellate Division ruling which refused to grant reimbursement of legal fees to a member of a New York LLC who sued for indemnification under an express indemnification clause because the clause did not expressly mention “fees on fees", i.e., the clause did not expressly authorize reimbursement of legal fees in order to enforce the indemnification provisions.  This is directly opposite established Delaware law.  My revised Client Alert is set forth below and may be directly viewed here. Read More ›

 |  Comments