Simply owning property in New York City likely means that, at some point – more than once – a neighbor will need to access your property to protect it during development or maintenance work taking place at its adjacent...more
When you grant an easement over your lands to another, who has the obligation to maintain the lands and the improvements on those lands? One might argue that it is the grantor of the easement—that the owner has the obligation...more
In August 2023, the US Department of Labor (DOL) announced a proposed rule that became final last week, giving employees the ability to designate essentially any third-party as their “authorized representative” during OSHA...more
The National Labor Relations Board just overruled a key Trump-era decision that had narrowed property access rights for off-duty contractor employees, eliminating a powerful tool for employers to combat unwanted solicitation...more
As failed commercial property deals go, the one at the heart of Miriam Equities, LLC v. LB-UBS-2007-C2 Millstream Road LLC, 2022 NCBC 3, was not outside the norm for a Business Court transaction autopsy. There was a missed...more
At Least Make Sure You’re Still in the Water if you Must Try It- Sometimes, when discovery in a commercial case has been a mess, a party that imposes unusual roadblocks upon an adversary can successfully shield from the...more
Easements are a right to enter and use land that may transfer with the ownership of the land. Easement issues usually arise when one property owner makes improvements on his or her property without first surveying the...more
This year, forecasters at the National Oceanic and Atmospheric Administration correctly predicted another above-average Atlantic hurricane season, which runs June 1 through November 30. With Hurricane Ida leaving devastation...more
Joe Says “No.” Over the last several weeks, the Buzz has discussed congressional efforts to pass both a bipartisan “hard” infrastructure bill (this passed the U.S. Senate and is waiting in the U.S. House of Representatives),...more
On January 6, 2021, we blogged about two California farms’ challenges to California’s regulation requiring agricultural producers to grant unions access to their property to recruit workers. The regulation required access...more
A California Court of Appeal held that longstanding use of a landowner’s property for access and parking by residents of the adjacent lot had established a prescriptive easement. Husain v. California Pacific Bank, 61...more
On Monday, March 22, 2021, the Supreme Court heard oral argument in Cedar Point Nursery v. Hassid, a significant takings case. In Cedar Point, the U.S. Court of Appeals for the Ninth Circuit ruled that a nearly...more
Amendments to the 2017 Electronic Communications Code have been introduced to reduce to six weeks the process by which network operators may get access to multi-let residential properties. ...more
For the past 45 years, California’s Agricultural Labor Relations Board (ALRB) has promulgated a regulation requiring producers of agricultural products to give union organizers access to their property. Access is limited to...more
The director of the Nuclear Regulatory Commission’s (NRC) Office of Enforcement (OE) issued Enforcement Guidance Memorandum (EGM) 2020-001, “Enforcement Discretion Not to Cite Certain Violations of 10 CFR 73.56 Requirements”...more
Leasing commercial space differs from renting a home. Whether you need office, retail, or industrial buildings for your business, commercial properties have their own unique issues, which must be addressed early on. A proper...more
The National Labor Relations Act (NLRA) provides that employees have a right to organize, bargain collectively and engage in protected concerted activities. The NLRA makes it an unfair labor practice for an employer “to...more
Real Property Update - Construction Lien: a delinquency charge of 1.5 percent found in materialman's contract with general contractor is not a finance charge recoverable under the materialman lien statute, Florida Statutes...more
Labor Board Further Tightens Union Access To Employer Property - In yet another ruling that levels the labor relations playing field, the National Labor Relations Board ruled on Friday that employers could rightfully...more
Yes, I said it. This case is a little bit of a shocker and turns on its head everything that we have known about RPAPL §881 proceedings. On February 26, 2019, Justice Melissa Crane of the New York Supreme Court (CUCS...more
Imagine your city is hit with a major wildfire, and the only road with access to your business is closed off due to the fire. Your employees cannot reach the store. Your customers cannot come and buy products....more
A huge fan of the Hill Country, Skare D. Katz buys a large piece of undeveloped land from the Solable Family outside of Austin. Skare D. plans to build a ranch for retirement. One Saturday while Skare D. is visiting the...more
Employers often maintain policies prohibiting off-duty employees from accessing their facilities. The NLRB has maintained its “Tri-County Medical” rule for nearly 40 years: an employer’s rule barring off-duty employee...more
You’ve had enough of building tours, negotiating lease terms, conference calls and your inbox filling up with PDFs of nearly final improvement specifications and space plans. You’ve finally signed a shiny new lease for space...more