Don't Underestimate The Scope Of A Bad Boy Guaranty
March 2013
John C. St. Jeanos, Nicholas P. Melillo
Real Estate Alert

A Tenant’s Guide To Operating Expense Escalations
February 8, 2013
Dena Cohen
Law360
Dena Cohen, Counsel in Herrick Feinstein’s Real Estate Group, authored an article for the Expert Analysis section of Real Estate Law360 which provides a primer on rent increases that are associated with the costs of operating, maintaining and repairing buildings.

Don't Underestimate The Scope Of A Bad Boy Guaranty
November 27, 2012
Law360
In the bygone days of pure nonrecourse financing, if a borrower was unable or failed to perform its obligations under the mortgage loan documents, lenders would look solely to the underlying collateral for the recovery of the debt. In that scenario, lenders were essentially out of luck if the value of the collateral fell to a level below the outstanding balance of the mortgage debt. To add insult to injury, many lenders quickly learned that this lack of personal liability enabled, and in some instances encouraged, distressed borrowers to covertly siphon cash out of the property in the months leading up to a default. Enter the bad boy guaranty.

Disagreement over Absolute Assignments of Rents Reappears
September 2012
The Bankruptcy Strategist
During the real estate downturn of the early 1990s, courts in the Southern and Eastern Districts of New York disagreed over the impact under New York law of what appeared to be absolute assignments of rents, and whether Chapter 11 debtors could spend property rents to support their reorganization efforts despite such assignments. During the current downturn, two Southern District judges held that debtors are prevented from spending such rents because they had executed absolute assignments.

Globes - Foreign Investment in New York City Multifamily Real Estate
July 2012
Belinda G. Schwartz
Belinda Schwartz published the article "Foreign Investment in New York City Multifamily Real Estate" in Israel's leading financial and business publication Globes. 

'Occupy'ing the Zoning Resolution
January 18, 2012
Eldad Gothelf
ZONE: Land Use and Environmental Blog

The Next 50
December 8, 2011
Eldad Gothelf
ZONE: Land Use and Environmental Blog

Council on Affordable Housing (COAH) Abolished
November 21, 2011
Richard Bass
ZONE: Land Use and Environmental Blog

DEC Weighs In On Fracking: Proposes Permitting with Restrictions
July 12, 2011
Louis A. Evans
ZONE: Land Use and Environmental Blog

Supreme Court Affirms EPA's Authority to Regulate Greenhouse Gas Emissions
June 2011
Louis A. Evans
Environmental Alert

Supreme Court Affirms EPA Authority to Regulate Greenhouse Gas
June 28, 2011
Louis A. Evans
ZONE: Land Use & Environmental Blog

Zoning: What's the point?
June 21, 2011
Eldad Gothelf
ZONE: Land Use & Environmental Blog

Supreme Court: EPA Free to Use UAO Mechanism
June 16, 2011
Louis A. Evans
ZONE: Land Use & Environmental Blog

What Changes Behavior?
May 12, 2011
Eldad Gothelf
ZONE: Land Use & Environmental Blog

Updated MDL: Should I Stay (longer than 30 days) or Should I Go?
May 10, 2011
Mitchell Korbey
ZONE: Land Use & Environmental Blog

Rezoning Plan for Fur District Leaves Hoteliers Out in the Cold
April 2011
Mitchell Korbey
Herrick’s Hospitality Group News Alert

Step Aside Philadelphia, Jersey City: The Waterfront is Now NYC’s Sixth Borough
March 15, 2011
Jennifer Dickson
ZONE: Land Use & Environmental Blog

The City’s “Quick Response” to Providing Information
March 10
Eldad Gothelf
ZONE: Lane Use & Environmental Blog

GGBP: Time to Pay Attention
March 10, 2011
Eldad Gothelf
ZONE: Land Use & Environmental Blog

New Zoning Restraints For Local Hotels?
March 2011
Mitchell Korbey
Herrick's Hospitality Group News Alert

New Jersey Affordable Housing Update: New COAH Rules and an Evolving Process
February 22, 2011
Richard Bass
ZONE: Land Use & Environmental Blog

Westchester Fair Housing Update: Plan Progressing, But HUD Wants Revisions
February 16, 2011
Richard Bass
ZONE: Land Use and Environmental Blog

A Bank on Every Corner?
January 7, 2011
Mitchell Korbey
ZONE: Land Use and Environmental Blog

Can the City’s Decision Makers Keep New York Wal-Mart-Free?
January 10, 2011
Jennifer Dickson
ZONE: Land Use and Environmental Blog

Governor Cuomo Appoints New DEC Commissioner
January 5, 2011
Louis A. Evans
ZONE: Land Use and Environmental Blog

Zoning For Your Health
January 3, 2010
Mitchell Korbey
ZONE: Land Use and Environmental Blog

Fracking Controversy: Gov Paterson Issues Moratorium on Horizontal Hydraulic Fracturing
December 17, 2011
Louis A. Evans
ZONE: Land Use and Environmental Blog

The Alleys of New York
December 15, 2010
Mitchell Korbey
ZONE: Land Use and Environmental Blog

Dodd-Frank Wall Street Reform Outline
Irwin M. Latner, Stephen D. Brodie, Patrick D. Sweeney, Julie Albinsky, Jessica D. Wessel
This outline, a briefing on the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, was used during the Fourth Annual Capital Markets Symposium on September 16, 2010.

Urban Agriculture - Ready For Its Close-Up?
December 3, 2010
Eldad Gothelf
ZONE: Land Use and Environmental Blog

Are You a Certified Artist?
November 15, 2010
Mitchell Korbey
ZONE: Land Use and Environmental Blog

Landmarks Considers a New Historic District for Brooklyn
October 29, 2010
Jennifer Dickson
ZONE: Land Use and Environmental Blog

East and West Village Rezonings
October 28, 2010
Jennifer Dickson
ZONE: Land Use and Environmental Blog

A Clear Message on Sustainable Housing?
Otober 22, 2010
Eldad Gothelf
ZONE: Land Use and Environmental Blog

The Mosque, Zoning, & Community
October 21, 2010
Mitchell Korbey
ZONE: Land Use and Environmental Blog

ARC Project’s Future? Let Your Voice Be Heard
October 21, 2010
Eldad Gothelf
ZONE: Land Use and Environmental Blog

East Harlem's Future
October 19, 2010
Richard Bass
ZONE: Land Use and Environmental Blog

ULI Conference
October 14, 2010
Mitchell Korbey
ZONE: Land Use and Environmental Blog

The Comprehensive Waterfront Plan – Coming Soon to a Shoreline Near You
October 8, 2010
Jennifer Dickson
ZONE: Land Use and Environmental Blog

ARC Project Pulled!
October 7, 2010
Eldad Gothelf
ZONE: Land Use and Environmental Blog

Car Sharing for All!
September 30, 2010
Jennifer Dickson
ZONE: Land Use and Environmental Blog

Greening of the Codes Continues
September 30, 2010
Eldad Gothelf
ZONE: Land Use and Environmental Blog

Designated: Newtown Creek Becomes Second Superfund Site in NYC
September 29, 2010
Louis A. Evans
ZONE: Land Use and Environmental Blog

Foreclose, Then What?
September 28, 2010
Mitchell Korbey
ZONE: Land Use and Environmental Blog

New City Program Could Streamline Brownfield Remediation Process
September 2010
Louis A. Evans
Environmental Alert

DOT’s Miracle (on 34th St.)?
September 28, 2010
Mark A. Levine
ZONE: Land Use and Environmental  Blog

Recent Federal Court Ruling on Rescission of Condo Deposits
September 2010
Douglas P. Heller
Real Estate Alert

SoHo’s Zoning Secret
September 22, 2010
Jennifer Dickson
ZONE: Land Use and Environmental Blog

The Design Commission – Another Obscure, But Vital Agency?
September 16, 2010
Mitchell Korbey
ZONE: Land Use and Environmental Blog

City Program Could Streamline Brownfield Process
September 2, 2010
GlobeSt.com
A new program that allows the NYC Office of Environmental Remediation to investigate some brownfields sites, oversee remediation and -- applying state DEC criteria -- advise that cleanup has been completed properly, gives developers a potentially viable option to redevelop tainted property, Louis Evans writes. He notes that the state's program -- heretofore the only game in town -- offered a relatively protracted and sluggish process and says developers would be wise at least to consider the city program.

On the Waterfront…
August 8, 2010
Mitchell Korbey
ZONE: Land Use and Environmental Blog

City and State Agree on Local Brownfield Cleanup Strategy
August 5, 2010
Louis A. Evans
ZONE: Land Use and Environmental Blog

The Scope of LPC’s Power
August 5, 2010
ZONE: Land Use and Environmental Blog

New York Is Twice the Size of LA…and Growing!
July 30, 2010
Mitchell Korbey
ZONE: Land Use and Environmental Blog

421-a Program: What Does the Future Hold?
July 30, 2010
Eldad Gothelf
ZONE: Land Use and Environmental Blog

Subway Updates – #7 & 2nd Ave
July 30, 2010
Richard Bass
ZONE: Land Use and Environmental Blog

City Finally Considering Elimination of Parking Requirements
July 29, 2010
Jennifer Dickson
ZONE:  Land Use and Environmental Blog

NYC Zips Into Future With Car Sharing Text Amendment
July 16, 2010
Jennifer Dickson
ZONE: Land Use and Environmental Blog

More Problems With Westchester’s Fair Housing Plan
July 12, 2010
Richard Bass
ZONE: Land Use and Environmental Blog

Council Land Use Committee Says Domi-yes
July 9, 2010
Jennifer Dickson
ZONE: Land Use and Environmental Blog

Legislation Passed to Amend Loft Law
June 11, 2010
Jennifer Dickson
ZONE: Land Use and Environmental Blog

A Little Off the Top? – “Illegal” Addition to be Removed
May 6. 2010
Eldad Gothelf
ZONE: Land Use and Environmental Blog

Judge Sides with City in Adult Use Zoning Case
April 2, 2010
Jennifer Dickson
ZONE: Land Use and Environmental Blog

Once a “Development”, always a “Development”? City loses lawsuit, subsequently aims to overhaul entire Zoning Resolution!
March 18, 2010
Eldad Gothelf
ZONE: Land Use and Environmental Blog

It’s Just a Facade?
February 19, 2010
Eldad Gothelf
ZONE: Land Use and Environmental Blog

Federal Monitor Rejects Westchester’s Plan to Address Segregation With Fair Housing
February 19, 2010
Richard Bass
ZONE: Land Use and Environmental Blog

Just a Suggestion: Task Force Puts Forth 111 Recommendations on How City Regulations Can Promote Sustainability
February 5, 2010
Eldad Gothelf
ZONE: Land Use and Environmental Blog

Westchester’s Mt. Laurel – The Next Step
February 4, 2010
Richard Bass
ZONE: Land Use and Environmental Blog

Second Avenue Subway: Litigation and Compensation
February 4, 2010
Richard Bass
ZONE: Land Use and Environmental Blog

PACE Yourself: New York State Takes Step Towards Financing Green Retrofits
January 22, 2010
Eldad Gothelf
ZONE: Land Use and Environmental Blog

Food for Zoning Thought
January 22, 2010
Jennifer Dickson
ZONE: Land Use and Environmental Blog

Is NYC Manufacturing (Zoning) Dead? New Zoning Plans May Continue A Trend
January 21, 2010
Mitchell Korbey
ZONE: Land Use & Environmental Blog

New Year, New Domino
January 5, 2010
Jennifer Dickson
ZONE: Land Use and Environmental Blog

Will Energy Usage Data Lead to Different Behavior and Alter Investment?
December 11, 2009
Eldad Gothelf
ZONE: Land Use and Environmental Blog

Public Sector “White Knight” – City Set to Announce “Development Coordinator” Position
December 9, 2009
Mitchell Korbey
ZONE: Land Use and Environmental Blog

Eminent Domain Shocker: Columbia University Loses Its Bid; Vows to Appeal
December 4, 2009
Eldad Gothelf
ZONE: Land Use and Environmental Blog

Greener, Greater Buildings Plan Moving Faster, Closer to Reality
December 2, 2009
Eldad Gothelf
ZONE: Land Use and Environmental Blog

Officially Blighted: Court of Appeals Rules in Favor of Atlantic Yards
November 24, 2009
Eldad Gothelf
ZONE: Land Use and Environmental Blog

City Planning Commission to Parking on Your Front Lawn: Drop Dead
November 17, 2009
Eldad Gothelf
ZONE: Land Use and Environmental Blog

The Appeal of Zoning
November 16, 2009
Mitchell Korbey
ZONE: Land Use and Environmental Blog

If You Can’t Beat Them, Sell Them Your Land for $100M: A Coney Island Update
November 12, 2009
Eldad Gothelf
ZONE: Land Use and Environmental Blog

To List or Not To List–A New Wrinkle in the Gowanus Canal Superfund Site Debate
November 11, 2009
Eldad Gothelf
ZONE: Land Use and Environmental Blog

Get the Lead Out
November 4, 2009
Lori G. Singer
ZONE: Land Use and Environmental Blog

A Review of Ideas to Revive the Market
November 3, 2009
Eldad Gothelf
ZONE: Land Use and Environmental Blog

Does the Garment District Have Clothes?
November 2, 2009
Mitchell Korbey
ZONE: Land Use and Environmental Blog

City Planning Celebrates 100 Rezonings
October 29, 2009
Jennifer Dickson
ZONE: Land Use and Environmental Blog

A Future for Barren Plazas?
October 28, 2009
Eldad Gothelf
ZONE: Land Use and Environmental Blog

City Planning’s Rezoning of Sunset Park Faces Legal Challenge
October 27, 2009
Mitchell Korbey
ZONE: Land Use and Environmental Blog

Herrick is assessing court ruling in Stuyvesant Town/Peter Cooper Village rent stabilization case
October 22, 2009
Real Estate Alert

New York High Court Rules in Stuy Town Case
October 22, 2009
Dennis Sughrue
ZONE: Land Use and Environmental Blog

Air Rights the Right Way
October 21, 2009
Mitchell Korbey
ZONE: Land Use and Environmental Blog

161st Street/River Avenue Rezoning
October 21, 2009
Richard Bass
ZONE: Land Use and Environmental Blog

Westchester’s Mt. Laurel? Affordable Housing Coming to a Suburb Near You
October 19, 2009
Richard Bass
ZONE: Land Use and Environmental Blog

Stalled Buildings Bill – Jumpstarted!
October 16, 2009
Eldad Gothelf
ZONE: Land Use and Environmental Blog

Gotta Room? New Hotel Zoning Limits in the Works?
October 13, 2009
Mitchell Korbey
ZONE: Land Use and Environmental Blog

Co-ops Can Ease the Condo Crisis
October 5, 2009
Douglas P. Heller, Erica Buckley
Globestreet.com & Real Estate New York
Erica Buckley, an assistant attorney general in the Real Estate Finance Bureau, and Douglas P. Heller, a Herrick partner specializing in all aspects of condo and co-op law with an emphasis on financing, encourage developers, sponsors and lenders on troubled condominium projects to consider  converting to a co-operative ownership structure.

Stalling for Time: ‘Stalled Buildings Bill’ Soon to be Law?
October 13, 2009
Eldad Gothelf
ZONE: Land Use and Environmental Blog

The 421-a Program: Market Based Changes
October 13, 2009
Jennifer Dickson
ZONE: Land Use and Environmental Blog

Brownfield Programs - Coming to NYC!
October 13, 2009
Eldad Gothelf
ZONE: Land Use and Environmental Blog

Carroll Gardens Rezoning: Second Round of Contextual Changes
October 13, 2009
Jennifer Dickson
ZONE: Land Use and Environmental Blog

N.J. Remediation Process Revamped; Private Professionals Replace DEP On Investigation, Cleanup
June 2009
Lori G. Singer
Real Estate Alert

Update: Major New York City Zoning Map Changes
June 2009
Mark A. Levine, Mitchell Korbey, Richard Bass, Jennifer Dickson, Eldad Gothelf
Land Use and Zoning Alert

Structuring a Security Deposit In the Event of Bankruptcy
June 17, 2009
Benjamin F. Kursman
New York Law Journal
Ben Kursman authors the this article about the importance of securing a tenant’s security deposit, especially in a recession.

Potential Changes to Zoning Regulations for Hotel Uses
May 2009
Mitchell Korbey
Land Use & Zoning Alert

“Bankruptcy-Proofing” Tenant’s Security Deposit
May 2009
Benjamin F. Kursman
Commercial Lease Law Insider
Ben Kursman authors a front-page article about the importance of securing a tenant’s security deposit and the methods to do so, specifically by using the security deposit to secure the guaranty of the lease.

Revised NYC Building Code to Include New Fire Safety and Layout Regulations; Submit Plans by July 1 to be Grandfathered
May 2009
Mitchell Korbey, Mark A. Levine
Land Use Alert

Cash Is King, Unless a Tenant Goes Bankrupt
May-June 2009
Real Estate New York's Property & the Law column
Commercial property owners should consider requiring guarantor collateral -- rather than cash -- to secure a lease, because if tenant files for bankruptcy protection, the cash is subject to orders of the bankruptcy court and may not be available to the landlord, Ben Kursman writes here.

Brooklyn and Bronx Supermarkets Can Take Advantage of New Zoning
February 2009
Mitchell Korbey
Land Use and Zoning Alert

Put Higher Density Zoning in New Jersey to Work for You
February 2009
COAH Alert

NYC Puts Development Plans Online for Public Review and Comment
February 2009
Mark A. Levine, Mitchell Korbey
Land Use Alert

New York Landlords Must Disclose Indoor Air Contamination
September 2008
Lori G. Singer
Environmental Alert

Statute Changes New Jersey Law on Affordable Housing; Rulemaking Still Needs to Catch Up
August 2008
Land Use Alert

Realty Law Digest
Ongoing (since 1987)
Scott E. Mollen
New York Law Journal
Scott Mollen authors "Realty Law Digest," a weekly column appearing in the New York Law Journal since 1987.

City landlords starting to get friendly, tenant friendly
August 13, 2008
Real Estate Weekly
Jonathan Adelsberg analyzes the New York City office leasing market, and finds that it is on the verge of becoming a tenant-friendly environment.

Don't play fast and loose with real estate contracts
August 13, 2008
Real Estate Weekly
Scott Mollen notes that some sellers of commercial real estate try to use dubious reasons to default buyers in rising markets -- hoping to re-trade the deal at a more robust price -- and issues cautions about that practice.

The reopening of the New York State Brownfield Cleanup Program
July 2008
Lori G. Singer
Environmental Alert

Developers Take Note!
April 24-30, 2007
Lori G. Singer
New York Real Estate Journal
Lori Singer co-authors this article on The New York Brownfield Cleanup Program's potentially lucrative tax credit programs.

Is Cuomo the Man to Help Ease Development Bottleneck?
December 27, 2006
Douglas P. Heller
Real Estate Weekly
Doug Heller authors an article on Andrew Cuomo's effect on the condo market in New York through easing the bottleneck in offering plan processing.

Corporate Quick Hit - Special Edition: Modified Amendment of New York’s Publication Requirements for Limited Liability Companies and Limited Partnerships Goes into Effect
June 2006
Irwin A. Kishner, Patrick D. Sweeney, Irwin M. Latner, Benjamin F. Kursman

A Tale of Three Northern Manhattan Communities: Case Studies of Political Empowerment in the Planning and Development Process
January 2004
Richard Bass, Cuz Potter
Fordham Urban Law Journal
Richard Bass co-authors "A Tale of Three Northern Manhattan Communities: Case Studies of Political Empowerment in the Planning and Development Process."

Plans Promote the Rebuilding of Downtown
November 2001
Scott E. Mollen, Mark A. Levine, Pamela Elkins-Richardson
New York Law Journal
Mark A. Levine and Scott E. Mollen co-author this article about the post-9/11 real estate in downtown Manhattan.

The New York Law Revision Commission 2001 Report
2001
Douglas P. Heller
Doug Heller participated in this Report in relation to cooperative and condominium interests.

When Co-Insureds Go To War 
1999
Arthur G. Jakoby
New York Real Property Law Journal, Vol 27, No. 4
Arthur Jakoby authors an article on the issues that title insurers face in disputes between co-insureds.

Spelling Counts When Searching Title
1999
Arthur G. Jakoby
New York Real Property Law Journal, Vol. 27, No. 1
Arthur Jakoby authors an article on the importance of accuracy when performing title searches.

States Address Development of 'Slightly' Contaminated Land
November 17, 1993
Mark A. Levine
New York Law Journal, P. 1, Col. 1.
Mark Levine's article "States Address Development of 'Slightly' Contaminated Land" appears in New York Law Journal.