Latest News & Developments in Commercial Real Estate Law

Since 2008, we have used our real estate law blog as a way to keep readers informed about the latest developments and news within commercial real estate law. Some of the topics we regularly address include court decisions on disputed commercial real estate transactions, limited liability company law and high-end residential real estate transactions. In addition to informing readers, we make it a priority to provide an in-depth analysis of the topics we discuss.

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Retail Leases in Condominium Buildings

The following article was published in the March 25th issue of New York Real Estate Journal. Read More ›

Rating Agency Perspective on LLC Law

Moody’s hits a borrower with a “credit negative” if the borrower is organized in a state other than Delaware. Read More ›

Update on Using Delaware LLC's vs. NY LLC's

Below is my latest update of my original Client Alert comparing the Delaware and New York laws governing LLCs. This latest update discusses the recent Huatuco opinion in Delaware and discusses the well-established Delaware opinion protocols for larger real estate loans. Read More ›

Delaware Chancery Court Holds LLC Member Waived Right to Judicial Dissolution Under LLC Act Section 18-802

Vice Chancellor Glasscock, in Huatuco v. Satellite Healthcare, determines that a reference to the rights of the members being solely determined by the LLC Agreement impliedly waives the right of a member to seek judicial dissolution. Read More ›

Top 5 Legal Issues in LLC Agreements for Crowdfunders

As real estate crowdfunding efforts start, attention will no doubt be paid to the terms of the LLC agreement governing each investment. This article, first published in the November 26th issue of New York Real Estate Journal, highlights a few key issues and notes that the crowdfunding websites should consider imposing standards.  Read More ›

Why Property Owners Elect to Ground Lease

Landowners use ground leases to keep property in the family despite the complications. Read More ›

Kearns to Speak at PLI’s Commercial Real Estate Financing 2014 Seminar

On February 13, 2014, Thomas Kearns will speak at the Practising Law Institute's annual seminar, Commercial Real Estate Financing 2014. Read More ›

Delaware LLC Statute Amendment Regarding Default Fiduciary Duty

The judicial kerfuffle about default fiduciary duties in Delaware LLC’s was resolved by the Delaware legislature in favor of a default duty. Read More ›

New Garage Rules Legalize De Facto Public Garages

Amendments to NYC’s Zoning Resolution legalize parking garages in Manhattan which have long been open to the public in technical violation of zoning rules. Read More ›