New York Appellate Division Maintains Yellowstone Injunction, Finding No Compelling Circumstances Warranting Vacatur
Yellowstone[1] injunctions are an important consideration in New York commercial landlord-tenant disputes. This type of injunction can protect a tenant’s leasehold interest in a subject…
Analysis of Enforceability of Arbitration Clauses in light of V.S. v. Mobile, USA, Inc.
The decision bolsters the enforceability of arbitration clauses in consumer adhesion contracts.
Coverage Appeal Highlights Challenges of Recovering COVID-related Business Losses
Businesses that suffered lost income as a result of COVID-19 and related government shutdown orders have faced an uphill battle recovering on property insurance policies. …
Information on Drafting Robust Commercial Leases in New Jersey
Landlords, tenants, and their attorneys understand the importance of drafting robust commercial leases, yet they cannot foresee every eventuality. A recent unpublished opinion from the…
What to Know about Use and Occupancy Pendente Lite Under NY Law if Your Commercial Property Is Tied Up in Litigation
If your commercial property becomes tied up in litigation, whether you’re the owner or tenant, you’ll want to know about the temporary rights and remedies…
Lenders – No Matter How High of a Return – Do Not Lend to Chapter 11 Debtors Without Court Approval
Eric H. Horn and Heike M. Vogel discuss the Bankruptcy Court’s decision upheld by District Court.
Delaware District Court Rules that the Final Bid at Auction and not the Lender’s Credit Bid Determines the Amount of the Lender’s Allowed Secured Claim
The United States District Court for the District of Delaware recently upheld the Bankruptcy Court’s finding that a lender’s credit bid does not determine the…
New Jersey Subcontractors Beware – The Filing of a Lien After Bankruptcy May Spell Trouble.
With Hollister Construction’s recent filing of its Chapter 11 bankruptcy case in New Jersey, the United States Bankruptcy Court for the District of New Jersey…
To Use a Standard Form Construction Contract, or Not to Use: That is the Question
When a client is getting ready to embark on a construction or renovation project, whether as the owner or as a contractor, the question often…
How Purchasers and Guarantors May Transfer Risk with an Indemnity Agreement
As a purchaser or a loan guarantor, you may be faced with the challenge of how to protect yourself against real risks while achieving your…