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Law of the Land – Real Estate Litigation Newsletter - February 2021, Volume 1, Issue VI

CASES OF NOTE THE SECRET'S OUT Victoria’s Secret Stores, LLC v. Herald Store Owner LLC, 70 Misc. 3d 1206(A) (N.Y. Sup. Ct. Jan. 7, 2021) A New York court recently held that a retailer’s closure due to a state law imposed...more

Court Partially Excuses Tenant’s Rent Obligations During COVID Shutdown

In the social and economic fallout from COVID, businesses are assessing how best to address their commercial relationships, especially where potentially insurmountable barriers to performance loom large. One clause that...more

NYC’s Recent COVID-19 Legislation Limits Enforcement of Personal Liability Provisions and Prohibits Harassment for Certain...

On May 26, 2020, the New York City Council passed two laws, effective immediately, intended to provide relief to certain commercial tenants during the COVID-19 pandemic. These laws supplement federal relief bills and the...more

Doing Deals In the COVID-19 Era: Renegotiating Price and Other Changes Before Closing

What does Victoria’s Secret reveal about the perilous nature of doing deals in a pandemic? In two words, buyer beware. On February 20, 2020, as the stock market roared to an all-time high, Sycamore Partners inked a $525...more

What's Market? Update: Litigation

In In re Appraisal of Ancestry.com, Inc., C.A. No. 8173-VCG (Del. Ch. 2015), the Delaware Court of Chancery held in connection with an appraisal proceeding brought by a dissenting shareholder that the best indication of the...more

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