Olshan Real Estate Law Blog | Olshan Law

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

Thomas D. Kearns — Tue, 19 Nov 2013 09:00:01 -0500

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

Delaware LLC Statute Amendment Regarding Default Fiduciary Duty

Thomas D. Kearns — Fri, 11 Oct 2013 09:00:02 -0400

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

New Garage Rules Legalize De Facto Public Garages

Thomas D. Kearns — Thu, 03 Oct 2013 09:00:03 -0400

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.

My Article on Commercial Condos in New York Real Estate Journal

Thomas D. Kearns — Wed, 02 Oct 2013 09:00:04 -0400

The following article, “Commercial Condos are Being Used More Frequently,” was first published in the September 24th issue of New York Real Estate Journal.

What is meant by “Preferred Equity” in Real Estate Ventures?

Thomas D. Kearns — Mon, 09 Sep 2013 09:00:05 -0400

The term “preferred equity” can be confusing in the context of investments in real estate ventures.

Blog Postings Do Not Create Binding Partnership in Turner v. Temptu

Thomas D. Kearns — Fri, 06 Sep 2013 09:00:06 -0400

A continually updated blog containing certain terms of a proposed partnership did not constitute a binding written agreement and was not evidence of a binding oral agreement where certain material terms were “to be determined” and there was no written or oral agreement on how losses were to be funded.

Thoughtful Article on Status of Delaware Good Faith and Fair Dealing Claims in Alternative Entries

Thomas D. Kearns — Mon, 19 Aug 2013 09:00:07 -0400

One commentator’s analysis of the current Delaware law on the unwaiveable obligations of good faith and fair dealing in LCC’s and other alternative entities.

Crowdfunding Rules Lead to New Attorney General Statement on Investing in Condo Projects Prior to Offering Plan

Thomas D. Kearns — Wed, 07 Aug 2013 09:00:08 -0400

The following article, “Today's Hot Condo Market - If You Build - I Will Buy” was first published in the July 30th issue of New York Real Estate Journal.

The Evolving Standards on Government Takings in Context of Land Use Approvals

Thomas D. Kearns — Tue, 23 Jul 2013 09:00:09 -0400

The Supreme Court’s Nollan/Dolan juris prudence continues to evolve in the latest decision in the area: Koontz v. St. JohnsRiver Water Management District

What does “Control” mean in 50/50 LLCs?

Thomas D. Kearns — Wed, 26 Jun 2013 09:00:10 -0400

What are the minimum market protections for LLC agreements when a 50% member of a proposed LLC agrees that the other member may “control” the proposed new commercial real estate venture?