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New York Law Journal

Sharpening Old Tools: NY Prosecutors Drop the Hammer on Crypto in Innovative Ways

Although government enforcers plainly remain undeterred, reckoning with these thorny legal issues introduces additional complications to any enforcement action. To cut the Gordian knot, New York prosecutors increasingly take a different tack: charging defendants in the cryptocurrency space under neutral statutes that do not require the government to prove that the asset in question is a security or commodity.
10 minute read

New York Law Journal

Controlling Person Liability: Circuit Split Increasingly Relevant

"Controlling person liability" claims have become increasingly common in securities litigation. Due to a circuit split in how these claims can be established, plaintiffs have taken advantage of the relatively low threshold required in some jurisdictions to establish a prima facie case of controlling person liability.
7 minute read

New York Law Journal

Access Licensing Agreements: Not Just a Handshake Between Neighbors

When your neighbor knocks on your door and asks for access, there are a few preliminary steps that should be taken.
8 minute read

New York Law Journal

When Converting (Debt to Equity) Enables Conversion (of Office to Residential): Suggestions and Practice Notes

As has been widely reported, U.S. property owners must refinance $137 billion of office mortgages this year and nearly half a trillion dollars in the next four years, at a time of widespread lender retrenchment. Compounding the distress, spiking interest rates, coupled with the staggering cost of interest rate hedges for floating-rate loans, have dramatically raised the cost of the few loans on offer.
9 minute read

New York Law Journal

Lenders Need Stability Before CRE Markets Will Recover

Macroeconomic factors such as supply shortages, geopolitical uncertainty, and low borrowing costs have led to higher commodity costs and inflation. In turn, high inflation has led central banks to continue to increase interest rates, ultimately resulting in high borrowing costs and curbing economic growth.
6 minute read

New York Law Journal

NYC's Accelerator Program: PACE May Quicken in the City

Although the initial compliance period under LL97 is less than 6 months away, the authors are unaware of loans having closed under the Accelerator Program during the past year. This article sets forth some of the Accelerator Program's challenges and how certain proposed changes to its rules may improve upon its accessibility for LL97 compliance.
9 minute read

New York Law Journal

NY C-PACE: Local Law 96, Local Law 97, and How C-PACE May Be Coming Into Its Own

In light of these market and institutional shifts toward environmental consciousness, C-PACE, or Commercial Property Assessed Clean Energy finance programs, may finally have an opportunity to hit its stride, especially in New York City.
10 minute read

New York Law Journal

Adaptive Reuse of Buildings: Turning Offices Into Homes

Recently, there have been numerous stories describing the need to convert office buildings to residential use in order to absorb excess office capacity and create needed homes for current and future New Yorkers.
8 minute read

New York Law Journal

Legal Considerations, Challenges of Office Conversions to Solve NY's Housing Shortage

Cities such as Pittsburgh, Boston and Washington, D.C. have issued revitalization plans to set the framework for OTR conversions, and Seattle recently launched a competition requesting owners and design firms to come up with conversion ideas.
9 minute read

New York Law Journal

Treasury Management for Fiduciaries in the Wake of Recent Bank Failures

In the wake of recent bank failures, it is more important than ever to carefully consider the cash-management options available for the needs of each particular case and the risk tradeoffs to analyze when operating within the structures of the U.S. banking system.
8 minute read

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