Firm Attorneys Named 2011 Super Lawyers®

Congratulations to the following partners who have been named New York Super Lawyers® for 2011: Beth L. Kaufman (business litigation; employment litigation: defense; personal injury defense: products) and Charles B. Updike (general litigation).

Related Attorneys: Beth L. Kaufman and Charles B. Updike


Nancy A. Connery Speaks at the American Bar Association Leasing Group’s Program Entitled Lease Assignments: When to Assign and How to Do It

Nancy Connery spoke at the American Bar Association Leasing Group’s program entitled “Lease Assignments: When to Assign and How to Do It” on January 5, 2011. Among other things, she discussed the differences between assignments and subleases, due diligence issues, and the drafting of the Assignment and Assumption Agreement.

Related Attorney: Nancy A. Connery


Firm Closes a Series of Commercial Real Estate Transactions

In 2011-2012, the Firm was involved in the closings of the following commercial real estate transactions:

  • a consensual transfer of property in settlement of post-maturity mortgage and mezzanine debt (representing lender and new owner)
  • a $34+ million deed of trust loan secured by two multi-family residential buildings in northern California (representing lender)
  • a $53 million deed of trust loan secured by an office building in California (representing lender)
  • the negotiation and documentation of a loan severance, modification and forbearance agreement with respect to an $85 million secured loan and the discounted pay-off and refinancing of the same to a new property owner (representing existing lender and new lender)
  • a $1.15 billion revolving credit loan facility to a real estate fund (representing lender participant)
  • multiple note sales (representing lender)
  • multiple commercial leases
  • multiple sales

Practice Area: Real Estate


Nancy A. Connery Speaks at the New York State Bar Association Real Property Law Section’s Annual Meeting

On January 27, 2011, Nancy Connery spoke at the New York State Bar Association Real Property Law Section’s Annual Meeting. She gave a general overview of commercial lease cases decided in 2010. The cases involved a wide variety of issues, including lease guaranties, the voluntary payment doctrine, constructive eviction, Rule against Perpetuities, and much more! To read her summary of the cases, click here: Commercial Lease Law Roundup 2010.

Related Attorney: Nancy A. Connery


Nancy A. Connery Speaks at PLI’s Negotiating Commercial Leases

Nancy Ann Connery speaks at PLI’s “Negotiating Commercial Leases: How Owners and Corporate Occupants Can Avoid Costly Errors 2010” held November 18-19, 2010 in New York. She primarily focuses on lease provisions affecting the tenant’s right to assign and sublet, including restrictions on changes in control, recapture rights, reasoonableness requirements, and hidden traps.

For more information, please visit http://www.pli.edu/product/seminar_detail.asp?id=60420&t=DAT0_NGCOM.

Related Attorney: Nancy Ann Connery


Firm Secures Defense Verdict in SDNY Employment Discrimination Case

On November 15, 2010, a jury in the United States District Court for the Southern District of New York returned a complete defense verdict in favor of Firm client Columbia University with respect to allegations of age and national origin discrimination and retaliation made by a former Columbia employee. Charlie Updike led a trial team that included partner Beth Kaufman and in-house counsel from the University. The case had been pending for 18 years in the State Division of Human Rights, where the plaintiff’s administrative complaint ultimately was dismissed, and in the SDNY. The favorable verdict closes a chapter in the longest running litigation in the Firm’s history.


Successful Motion in Foreclosure Action

The Firm successfully defeated a borrower’s counterclaim against firm client Bank of America, N.A. in a foreclosure action, permitting the foreclosure action to proceed. On May 11, 2010, the judge in Bank of America, N.A. v. Peresgranted Bank of America’s motion to dismiss the counterclaim, in which the borrower sought damages for the allegedly improper filing of a notice of pendency on his property.

Beth L. Kaufman, litigation partner, Nancy A. Connery, real estate partner, were involved in the successful motion.

Related Attorneys: Beth L. Kaufman, Nancy A. Connery

Practice Areas: Litigation; Real Estate


Firm Secures Defense Verdict in SDNY Employment Discrimination Case

On November 15, 2010, a jury in the United States District Court for the Southern District of New York returned a complete defense verdict in favor of Firm client Columbia University with respect to allegations of age and national origin discrimination and retaliation made by a former Columbia employee. Charlie Updike led a trial team that included partner Beth Kaufman and in-house counsel from the University. The case had been pending for 18 years in the State Division of Human Rights, where the plaintiff’s administrative complaint ultimately was dismissed, and in the SDNY. The favorable verdict closes a chapter in the longest running litigation in the Firm’s history.