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Thomas D. Kearns
tkearns@olshanlaw.com

@TDKearns
212.451.2273

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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Showing 14 posts from 2012.

Contract Clause Does Not Protect Seller from Inequitable Conduct

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 ›

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

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 ›

Why I Love Bankruptcy Court Even When I Represent Lenders

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

Latest Legal Twist in Redevelopment of Bulova Site in Sag Harbor

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. Read More ›

Preliminary Take on Proposed Rule on Reg D Advertising

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

Completion Guaranty Enforced Against Turnberry

Bankruptcy Sale Does Not Help Completion Guarantor Read More ›

Capital Gains Rates to Increase after 12/31/12

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

New RESPA Regulations: RESPA Cures

Mistake by Bank in Closing Cost Estimates Results in Bank Paying the Cost . . . Read More ›

A Rent Stabilized Lease May be Sold by a Bankruptcy Trustee

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

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

Even Private Individuals May be Governed by New Statute . . . Read More ›

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