Legal Research

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Real Estate Securities
Wednesday, February 4, 2009
By Peter M. Fass

" Peter M. Fass, a partner at Proskauer Rose, continues a discussion of the securities law considerations in connection with the offer and sale of unregistered real estate securities using the Internet (e.g., interests in limited partnerships or limited liability companies). "

Free With Registration: Appellate Practice
Wednesday, February 4, 2009
By Thomas R. Newman and Steven J. Ahmuty Jr.

"Thomas R. Newman, of counsel to Duane Morris, and Steven J. Ahmuty Jr., a partner at Shaub, Ahmuty, Citrin & Spratt, write: When an appellate court reverses a judgment and grants a new trial, it is not unusual for the losing party to want to salvage something from the original trial, such as a favorable (and unexpected) jury determination on a difficult issue that is not likely to be repeated by a second jury. Conversely, the successful appellant wants to start with a clean slate in the hope of obtaining a better result than the one at the original trial. For example, the winning party may want to add new theories or defenses at the retrial. These competing interests sometimes engender disputes about the scope of a new trial order made by an appellate court, as the Second Department recently discussed."

OUTSIDE COUNSEL:

 Delaware Bankruptcy Court Decides Who Is Master of a Master Lease
Wednesday, February 4, 2009
By Steven M. Herman

" Steven M. Herman, a partner at Cadwalader, Wickersham & Taft, writes that a debtor has the express right to assume or reject an unexpired lease. A master lease structure is intended to limit such rights in bankruptcy to an assumption or rejection of the master lease in whole and prevent the debtor from picking and choosing which of the many properties leased pursuant to the master lease it wishes to assume or reject. But in a recent case, the U.S. Bankruptcy Court for the District of Delaware was quick to note that demonstrating a contract or lease as a single document does not mean that it is not indivisible. "

REAL ESTATE TRENDS:

Flaws in Content of Notice Doom Summary Proceedings
Wednesday, February 4, 2009
By Warren A. Estis and William J. Robbins

"Warren A. Estis, a founding partner at Rosenberg & Estis, and William J. Robbins a partner at the firm, write: In past articles, we have emphasized the importance of paying attention to what might be called non-substantive, procedural issues because they can be of determinative significance in a case. A recent decision in a nuisance holdover proceeding, where several deficiencies in the content of the predicate notices resulted in dismissal, illustrates the point."