February 10, 2023 | New York Law Journal
Back to Basics: A Primer on the Appealability of Interlocutory OrdersSome types of orders are not appealable absent permission; others require additional procedural steps before an appeal can be taken. This article explores those nuances.
By Adrienne B. Koch
8 minute read
December 20, 2022 | New York Law Journal
Litigation Considerations, Part 3: Buyout ProvisionsThis article—the last in Adrienne Koch's three-part series examining common features of real estate transactions that can benefit from a litigation analysis in the negotiation phase, she explores the reasons why, and suggests some drafting considerations.
By Adrienne B. Koch
8 minute read
October 18, 2022 | New York Law Journal
Litigation Considerations, Part 2: Delaware LLCsThis article—the second in a three-part series examining common features of real estate transactions that can benefit from a litigation analysis in the negotiation phase—focuses on two of those aspects: statutes of limitations and waivers of duties.
By Adrienne B. Koch
7 minute read
June 07, 2022 | New York Law Journal
Litigation Considerations, Part 1: GuarantiesIn this first article of her three-part series, Adrienne Koch examines some common aspects of real estate transactions that can benefit from a litigation analysis in the negotiation phase. This article focuses on guaranties.
By Adrienne B. Koch
7 minute read
January 07, 2022 | New York Law Journal
New York's Expanded Anti-SLAPP Statute: Factors To Consider When Selecting a ForumAlthough counsel may not always have a choice of forum, the amendments to New York's "anti-SLAPP" statute that took effect in November 2020 add to the factors that counsel may need to consider when they do have such a choice—and may make New York state court a more attractive forum for defendants (and a less attractive one for plaintiffs). This article explains why.
By Adrienne B. Koch
7 minute read
December 14, 2021 | New York Law Journal
Leasing After COVID, Part III: Early Termination ProvisionsThe challenges and uncertainties faced by many commercial tenants during the COVID-19 pandemic have led parties to spend more time and attention on lease provisions relating to termination. In Part 3 of their series "Leasing After COVID," Ann Ryan and Adrienne Koch examine two types of termination provisions that have received particular attention in recent months: co-tenancy and gross sales "kick-out" provisions.
By Ann E. Ryan and Adrienne B. Koch
8 minute read
November 05, 2021 | New York Law Journal
Use of Evidence in a Motion Under CPLR 3211(a)(7): A Refresher CourseAn examination of relevant case law regarding these rules suggests that CPLR 3211(a)(7) may actually provide a more flexible vehicle for the use of evidence than CPLR 3211(a)(1).
By Adrienne B. Koch
8 minute read
September 07, 2021 | New York Law Journal
Leasing After COVID, Part II: Tenant SecurityThe pandemic has highlighted vulnerabilities in two of the most popular forms of tenant security—guaranties and security deposits. In Part 2 of their series "Leasing After COVID," Ann Ryan and Adrienne Koch examine the impact of the pandemic on each of those types of security and offer some suggestions for landlords going forward.
By Ann E. Ryan and Adrienne B. Koch
8 minute read
June 08, 2021 | New York Law Journal
Leasing After COVID, Part 1: Casualty Provisions Then and NowIn their new Commercial Leasing column, Ann Ryan and Adrienne Koch begin a three-part series discussing the state of commercial lease negotiations today as opposed to the pre-COVID days. This article's focus is on casualty provisions.
By Ann E. Ryan and Adrienne B. Koch
8 minute read
December 11, 2020 | New York Law Journal
Recent Trends: Exploring the Limits of Discovery Under 28 U.S.C. §1782Although discovery in aid of a foreign proceeding under 28 U.S.C. §1782 is often granted with relative ease, recent cases illustrate that such discovery is far from automatic.
By Adrienne B. Koch
8 minute read