When a business leases commercial space, it is common practice for the landlord to request that the company provide
a personal guaranty, a protective measure taken to ensure landlords have recourse against a commercial lessee if there is a default under the lease. In this way, landlords mitigate financial losses.

A personal guaranty gives

Michael Heller’s, Matthew Spero’s and Lawrence Han’s Winter issue of the Title Reporter was published in the Real Estate Finance Journal.

This article discusses the following court rulings and other title insurance-related developments, among others:

• The U.S. Court of Appeals for the Eleventh Circuit, affirming a decision by the U.S. District Court for the

Michael Heller’s, Matthew Spero’s and Lawrence Han’s Fall issue of the Title Reporter was published in the Real Estate Finance Journal.

This article discusses the following court rulings and other title insurance-related developments, among others:

• “Deed Theft: Recent New York Developments” explains that New York State prosecutors, and the New York State legislature, have

Here is what we cover in this issue of Title Insurance Update Winter 2024:

• The U.S. Court of Appeals for the Eleventh Circuit, affirming a decision by the U.S. District Court for the Northern District of Florida, has ruled that Standard Exclusion 3(a) of a title insurance policy precluded coverage of fees and costs

Michael Heller’s, Matthew Spero’s and Lawrence Han’s Summer issue of the Title Reporter was published in the Real Estate Finance Journal.

This article discusses the following court rulings, among others:

• A trial court in New York has dismissed a negligence action against a title company brought by a developer, ruling that the only entity

Here is what we cover in this issue of Title Insurance Update Autumn 2023

• “Deed Theft: Recent New York Developments” explains that New York State prosecutors, and the New York State legislature, have been focusing on the growing problem of deed thefts.
• A trial court in New York has granted summary judgment to a

Companies facing multidistrict litigation mass tort exposure have been utilizing a new technique to protect themselves and their related entities from mass tort claims.

Known as the Texas Two-Step, this creative use of the U.S. Bankruptcy Code gives related entities the benefit of the automatic stay without those companies having to file for Chapter 11

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:

• A trial court in New York has dismissed a negligence action against a title company brought by a developer, ruling that the only entity to which the title company owed a duty was the

Earlier this year, the Supreme Court issued a decision that all business owners should be aware of. The Supreme Court resolved a Circuit split over whether a debtor can discharge a debt incurred by a fraud committed by the debtor’s business partner or agent. In a unanimous decision, the Court held that such a debt

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:

• An appellate court in Arkansas, affirming a trial court’s decision, has ruled that a title insurer had properly denied coverage to an insured bank in connection with a defect in title of which the

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry

• A federal district court in New York granted summary judgment in favor of a title insurance company and its affiliate in a case alleging that they breached their fiduciary duty and engaged in deceptive

The United States Supreme Court decided a bankruptcy case this year that all bankruptcy practitioners should be aware of. The Supreme Court also granted certiorari to hear an additional bankruptcy case and denied review of another.

Read More

This article appeared in the December 2022 issue of Nassau Lawyer.

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry

• A federal district court in New York has rejected a lawsuit filed by insureds under a title insurance policy demanding indemnification for the ostensible diminution in their insured property’s value stemming from an

For some time, bankruptcy courts wrestled over whether creditors violated the Bankruptcy Code’s automatic stay provision under 11 U.S.C. § 362(a)(3) by creditors’ passive retention of a debtor’s property once a debtor files for bankruptcy. Last year, in City of Chicago v. Fulton[1] the U.S. Supreme Court issued an opinion that puts this issue to

Michael Heller’s, Peter McNamara’s and Matt Spero’s Spring issue of the Title Insurance Reporter was published in the Real Estate Finance Journal.

The authors discuss recent court decisions of note involving title insurance.

Read the full column here.

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry

• An appellate court in New York has ruled that an exclusion in a title insurance policy precluded coverage of a claim asserted by the policyholders.
• A federal district court in Illinois has rejected

Michael Heller’s, Peter McNamara’s and Matt Spero’s Winter issue of the Title Insurance Reporter was published in the Real Estate Finance Journal.

The authors discuss recent court decisions of note involving title insurance.

Read the full column here.

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:

• A federal district court in Montana has ruled that a conveyance of property by policyholders under a title insurance policy to trusts was a voluntary conveyance to “a separate and distinct entity” and that,

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:

• A Delaware trial court has ruled that plaintiffs suing a title insurer for breach of a title insurance policy would not be able to present damages evidence on lost wages, carrying costs, lost opportunity

Michael Heller Peter McNamara and Matthew Spero published the article, “A Legal Update for the Title Insurance Industry,” in the Winter 2021 issue of Real Estate Finance Journal.

The authors discuss five recent court decisions of note involving title insurance.

Michael J. Heller’s, Peter P. McNamara’s and Matthew V. Spero’s Summer 2021 issue of the Title Reporter has been published in the Real Estate Finance Journal.

Click here to read the full article.

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:

• An appellate court in California has ruled that the state’s Quiet Title Act insulated a third party from the effect of a subsequent invalidation of an earlier quiet title judgment only if the third

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:

• An appellate court in New York has ruled that a title insurance policy excluded coverage for a “Declaration and Covenants” filed as a condition of a zoning resolution.
• An appellate court in New York

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:

• A trial court in New York has rejected a counterclaim filed against a title insurance company in a case it brought against an agent and an individual who signed a personal guaranty.
• An appellate

Here is what we cover in this issue of The Title Reporter: A Legal Update for the Title Insurance Industry:

• The Supreme Court of Texas has ruled that a special warranty deed conveying real property limited the grantor’s liability for allegedly breaching the implied covenant of “seisin” – that is, the covenant that the

David Leno, Peter McNamara, Matthew Spero, and Michael Heller published the article “Title Insurance Coverage And Easement Disputes: Case Update” in Mealey’s Emerging Insurance Disputes.

Courts have issued several important decisions recently in cases involving title insurance coverage and easement disputes. In this article, the authors discuss a New York court decision resolving whether a

Welcome to the Fall 2020 issue of The Title Reporter: A Legal Update for the Title Insurance Industry. This issue focuses on recent court decisions involving easements. It also discusses a factsheet released by the Consumer Financial Protection Bureau on disclosures of title insurance costs.

We begin this issue of The Title Reporter with a discussion

Welcome to the Summer 2020 issue of Title Reporter: A Legal Update for the Title Insurance Industry. This inaugural issue of this quarterly newsletter covers a wide range of recent decisions by courts across the country involving title insurance.

Here, we explore how courts have calculated loss, addressed the doctrine of subrogation in the context

Due to the COVID-19 pandemic and resulting economic shutdown, we have counseled our clients about how they can protect their rights as creditors once the economy begins to ramp up again. We have also advised them on how to make sure that they do not end up in their own perilous financial situation.

Indeed, you

The CARES Act, signed into law on March 27, 2020, contains a component that will quickly provide businesses with loans to compensate for lost revenues due to COVID-19.

The Paycheck Protection Program is making $349 billion available to small businesses that were operating as of February 15, 2020, and that have been impacted by coronavirus.

The Coronavirus Aid, Relief, and Economic Security Act(CARES Act), signed by President Trump on March 27, 2020, contains key changes to the Bankruptcy Code. The CARES Act and the previously enacted Small Business Reorganization Act (SBRA) will impact consumers and small businesses that have filed, or may be faced with filing, for bankruptcy relief in

On March 21, 2020, Governor Cuomo issued Executive Order 202.9, which is in effect through April 20, 2020. The order provides financial relief to consumers and businesses with outstanding bank loans.

The order modifies subdivision two of Section 29 of the Banking Law to provide that it is an “unsafe and unsound” business practice if

In this time of extreme uncertainty, an unfortunate reality is that many businesses are wondering whether they will be able to survive an indefinite economic downturn. Virtually every industry is facing the prospect of weeks or even months of drastically reduced sales.

Businesses need to take steps immediately to weather a prolonged new normal in

Stuart Gordon and Matthew Spero have authored an article, “U.S. Supreme Court Ruling on FDCPA Limitations Period Leaves Issues Unresolved,” for the February 2020 issue of Pratt’s Journal of Bankruptcy Law.

Click here to read the article.

Stuart Gordon and Matthew Spero have authored an article, “Eighth Circuit Rejects Successor Liability For Asset Purchaser At Forclosure Sale,” for the January 2020 issue of Pratt’s Journal of Bankruptcy Law.

Click here to read the article.

Hon. Cecelia G. Morris, Chief Judge of United States Bankruptcy Court for the Southern District of New York, put down a momentous decision on January 7, 2020, granting summary judgment in favor of a debtor in an adversary proceeding seeking to have $221,385.49 in student loan debt declared dischargeable in bankruptcy. See, Rosenberg v. N.Y.

Matthew Spero and Jeannine Farino authored, “Bankruptcy Update, United States Supreme Court,” for the December 2019 issue of the Nassau Lawyer.

Click here to read the article.

In the past 10 years, the legalization of marijuana and other cannabis-related products have expanded tremendously throughout the United States. Currently, medical marijuana is legal in 33 states and the District of Columbia, while 11 states and the District of Columbia have legalized recreational marijuana use for adults 21 and over.

Additionally, cannabidiol (CBD) got

Stuart Gordon’s and Matthew Spero’s article entitled “Supreme Court Settles Dispute Over Effect of Trademark License Rejection in Bankruptcy” was published in the July/August 2019 edition of Pratt’s Journal of Bankruptcy Law.

Stuart Gordon’s and Matthew Spero’s article, “Marijuana Businesses in Bankruptcy: Courts Just Say No,” was published in the May 2019 issue of the Pratt’s Journal of Bankruptcy Law.

Click here to read the article.

Matthew V. Spero and Jeannine M. Farino published, “Bankruptcy Update, United States Supreme Court,” in the December 2018 issue of Nassau Lawyer.

Click here to read the article.

Reprinted with permission by the Nassau County Bar Association.

Stuart Gordon’s and Matthew Spero’s article entitled “Creditors Typically May Not Offset Section 303(i) Judgments Against Claims Against Debtors” was published in the November 2018 edition of Pratt’s Journal of Bankruptcy Law.

Click here to read the article.

Stuart Gordon’s and Matthew Spero’s article entitled, “U.S. Supreme Court Clarifies Scope of Securities Safe Harbor,” was published in the June 2018 edition of Pratt’s Journal of Bankruptcy Law.

Click here to read the article.

Stuart Gordon’s and Matthew Spero’s article entitled, “A Potentially Momentous Decision: Second Circuit Explains How To Calculate Chapter 11 Cramdown Interest Rate” was published in the February/March 2018 edition of Pratt’s Journal of Bankruptcy Law.

Click here to read the article.

Stuart Gordon and Matthew Spero’s article, “A Potentially Momentous Decision: Second Circuit Explains How to Calculate Chapter 11 Cramdown Interest Rate,” was published in the March 2018 issue of Pratt’s Journal of Bankruptcy Law.

The article discusses the long-awaited decision by the U.S. Court of Appeals for the Second Circuit that may make it more

The United States Supreme Court granted certiorari and decided three bankruptcy cases this year that all bankruptcy practitioners should be aware of.

Czyzewski v. Jevic Holding Corp.

On March 22, 2017, the United States Supreme Court rendered a crucial and fundamental decision that significantly affects the ability of parties to a Chapter 11 bankruptcy case

Stuart Gordon and Matthew Spero have published an LexisNexis Emerging Issues Analysis on “Supreme Court Rejects ‘Structured Dismissals.’ Now What?

Click here to read the analysis.

Stuart Gordon and Matthew Spero’s article, “Supreme Court Rejects ‘Structured Dismissals.’ Now What?”, appeared in the July/August issue of Pratt’s Journal of Bankruptcy Law.

To read the article, click here.

Stuart Gordon and Matthew Spero have published an article in Pratt’s Journal of Bankruptcy Law entitled, “Pre-Petition Waivers of Bankruptcy Protection:  Typically Unenforceable.”

Click here to read the article.

In a rare instance where certiorari is granted in a bankruptcy case, on March 22, 2017, the United States Supreme Court rendered a crucial and fundamental decision that significantly affects the ability of parties to a Chapter 11 bankruptcy case to deviate from the priority distribution scheme set forth in the Bankruptcy Code under 11

All too often, a tenant’s failure to abide by the terms of a lease – whether commercial or residential – takes up a disproportionate amount of a landlord’s focus and efforts.  When a holdover or non-paying tenant files for bankruptcy, the landlord must overcome another obstacle if it wishes to evict the tenant – the

When a corporation or individual files for bankruptcy protection, a self-executing “automatic stay” takes effect under Bankruptcy Code Section 362[i] that prohibits a wide range of acts or proceedings “against the debtor” that could have been taken before the filing of the bankruptcy case. As provided in Section 362, these include (1) the commencement or

Nearly a decade ago, Congress amended the U.S. Bankruptcy Code to add a new section that was intended to benefit sellers of goods to failing or financially distressed companies. Under this new provision, Bankruptcy Code Section 503(b)(9), a seller of goods is entitled to an “administrative expense claim,” for the goods sold and received by

Celeste M. Butera, a partner in the firm’s Insurance Coverage & Litigation and Intellectual Property Practice Groups and Stuart I. Gordon and Matthew V. Spero, members of the firm’s Corporate & Commercial Practice Group, co-authored, “Court’s Divide Over Intellectual Property Licensee’s Rights When Bankrupt Licensor Rejects License,” which appeared in the April/May 2013 issue of Pratts

Suppose that a company licenses a trademark ? or some other form of intellectual property ? from a company that owns a trademark (the “licensor”), the licensor files for bankruptcy protection, and the bankruptcy trustee exercises its rights under the Bankruptcy Code to “reject” (i.e., breach) the trademark license. What are the licensee’s rights and

Recently, our clients have seen an increase in insurance claims where an insured, who has previously filed for bankruptcy, subsequently sustains a first-party property loss and seeks indemnification for the loss. There are several important issues to consider when investigating claims of this nature, including whether the insured has fraudulently valued the insurance claim

Please click the link below to view the Bankruptcy Law v. Employment Discrimination. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

Bankruptcy Law v. Employment Discrimination