Olshan Real Estate Law Blog | Olshan Law

Contract Clause Does Not Protect Seller from Inequitable Conduct

Thomas D. Kearns — Wed, 19 Dec 2012 09:00:01 -0500

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.

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

Thomas D. Kearns — Mon, 19 Nov 2012 09:00:02 -0500

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.

Why I Love Bankruptcy Court Even When I Represent Lenders

Thomas D. Kearns — Tue, 06 Nov 2012 09:00:03 -0500

Bankruptcy Court has many advantages in resolving commercial real estate mortgage issues.

Latest Legal Twist in Redevelopment of Bulova Site in Sag Harbor

Thomas D. Kearns — Mon, 05 Nov 2012 09:00:04 -0500

The long history of the old Bulova factory in Sag Harbor took another twist last month - this time involving a freeze out LLC merger of one partner by another.

Completion Guaranty Enforced Against Turnberry

Thomas D. Kearns — Fri, 07 Sep 2012 09:00:05 -0400

Bankruptcy Sale Does Not Help Completion Guarantor

Preliminary Take on Proposed Rule on Reg D Advertising

Thomas D. Kearns — Fri, 07 Sep 2012 09:00:06 -0400

SEC issues proposed rules in response to JOBS Act requirement to loosen Reg D...

Capital Gains Rates to Increase after 12/31/12

Thomas D. Kearns — Thu, 02 Aug 2012 09:00:07 -0400

New 3.8% Medicare Tax on Investment Income and Expiration of Lower Gains Rate....

New RESPA Regulations: RESPA Cures

Thomas D. Kearns — Mon, 09 Jul 2012 09:00:08 -0400

Mistake by Bank in Closing Cost Estimates Results in Bank Paying the Cost . . .

A Rent Stabilized Lease May be Sold by a Bankruptcy Trustee

Thomas D. Kearns — Thu, 19 Apr 2012 09:00:09 -0400

Value of Tenant’s Rent Stabilized Lease is an Asset Which May Be Sold to Satisfy Creditors . . .

NY’s Predatory Lending Statute Applicable to One-off Loan

Thomas D. Kearns — Thu, 15 Mar 2012 09:00:10 -0400

Even Private Individuals May be Governed by New Statute . . .