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Update on Developing Case Law in Light of COVID-19: COVID-19 Not "Physical Damage" and a Rare Win for Tenants Claiming Impossibility

USA - May 5 2021 In earlier alerts, we have identified trends in commercial litigation in response to the COVID-19 pandemic, including litigation concerning the…

Ben Paull, Emilie B. Cooper, Jennifer A. Yashar, Meyer Last.

FinCEN Again Renews Geographic Targeting Orders for Residential Real Estate Deals

USA - May 3 2021 On April 29, 2021, the U.S. Department of the Treasury's Financial Crimes Enforcement Network (FinCEN) announced the 6-month renewal of the existing…

Justin A. Schenck, Michael T. Gershberg.

New Restrictions on Commercial Foreclosures and Evictions Imposed in New York State

USA - March 12 2021 On March 9, 2021, Governor Cuomo signed the COVID-19 Emergency Protect Our Small Business Act of 2021 (the "Act"). The Act imposes new restrictions on…

Emilie B. Cooper, Jennifer A. Yashar, Justin J. Santolli, Matthew D. Parrott, Meyer Last, Shira Sandler.

Federal Court Rejects Tenant's COVID-19 Lease Defenses

USA - March 11 2021 As discussed in previous alerts, we have seen an onslaught of litigation concerning the enforceability of commercial leases in light of COVID-19…

Ben Paull, Emilie B. Cooper, Jennifer A. Yashar, Meyer Last.

The First Department Makes It Much Harder for Borrowers to Enjoin UCC Foreclosure Sales

USA - March 9 2021 The Appellate Division, First Department recently issued an important decision concerning the availability of injunctive relief to halt foreclosure…

Emilie B. Cooper, Justin J. Santolli, Matthew D. Parrott, Shira Sandler.