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NY Real Estate Attorneys Play Consumer Protection Role in Changing Era

Alan Doran writes: While the traditional responsibilities of real estate attorneys in New York are well understood, new and evolving consumer protection regulations are forcing attorneys to confront new challenges and presenting new opportunities.

Security and Privacy in the New Retail Ecosystem

Eric Rosedale and Françoise Gilbert write: The convergence of new shopping trends, data collection, and analytics technologies is reshaping the traditional retail store business model while creating a new array of opportunities for physical brick and mortar retail developments. Businesses should take steps to increase their awareness and understanding of the numerous legal, compliance, and risk pitfalls associated with the use of new technologies that rely on the connection of personal data of consumers to better serve their customers.

Mezzanine Debt Versus Preferred Equity

David Broderick and Brian Donnelly discuss situations where the use of preferred equity in lieu of mezzanine debt is required and key concerns that the subordinate capital provider must consider with respect to such preferred equity investment.

Protecting a Tenant’s Right to Be Seen: Key Points for Drafting Signage Clauses

Scott R. Kipnis, Nicholas B. Malito and Jennifer Haberman provide guidance to attorneys as to the suggested signage provisions to be included when negotiating a commercial lease in New York, and discuss the importance of ensuring that tenant’s rights and landlord obligations pertaining to signage are expressly addressed in the lease.

Refining Fining Techniques to Keep Condo Owners in Line

Bruce A. Cholst and Elliot J. Coz suggest ways for condominium boards to make their fining policies more enforceable and less vulnerable to legal attack. Adherence to the concepts and strategies enumerated herein will maximize the efficacy of fining as a rule enforcement remedy for any condominium board.

When Is a SEQRA Determination Ripe for Judicial Review?

Albert J. Pirro Jr. writes: Generally, SEQRA determinations are ordinarily considered steps in a land use decision making process and therefore not ripe for judicial review. There are exceptions when a SEQRA determination alone does inflict concrete injury and commences the running of the period of limitations applicable to Article 78 proceedings

Negotiating Divorce During Courtship

Marshall Brozost writes: Negotiations concerning the collapse of real estate joint ventures are among the most vexing, contentious and emotional—particularly in connection with the removal of the real estate operator from its role as the manager of the JV by the investor member(s) in the event of non-performance or “bad boy” acts. Though difficult, recent events and common sense militate for clear language in the JV agreement concerning the right of the investor member to remove the manager in such circumstances.