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Archive by tag: Farrell FritzReturn

Court Finds Buyer Not Liable for Seller Under Successor Liability Theory

When buying a business, purchasers must take into consideration the possibility of “successor liability” – that is, the buyer’s assumption of the seller’s liabilities and prior conduct upon purchasing a corporation....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Dec 27,2019 |

Village’s Vitiation of Riparian Rights Survives Initial Challenge

In Akeson v Inc. Vil. of Asharoken, 2019 NY Slip Op 32756(U), Index No. 57/2018 (Sup Ct, Suffolk County 2019), the Supreme Court dismissed a petition challenging the Incorporated Village of Asharoken’s (“Asharoken”) decisions to deny permits for the...By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Dec 23,2019 |

Walls and Fences Are Not The Same

This blog post is about walls and fences (but probably not the ones you may be thinking about). The walls of concern to this blog post are located in the Town of Geneva, in a part of the state known as the Finger Lakes region....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Dec 16,2019 |

Opportunity Zones: Opportunities for Whom?

On December 22, 2017, Congress enacted the Tax Cuts and Jobs Act of 2017 (the “Tax Act”). The law created a new incentive to encourage long-term investment in the nation’s low-income areas. If a taxpayer invests eligible capital in certain distressed...By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Dec 12,2019 |

Advance! Amend! Retreat!

The title of this post describes not an army maneuver, but the outcome of a recent lawsuit in Delaware Chancery Court for advancement of litigation expenses in which......By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Nov 04,2019 |

Supreme Court Reminds: Schools are Special, but Not Exempt When It Comes to Local Zoning

Residents of the Village of East Williston have prevailed (for now) over the East Williston Union Free School District’s plan to install a six-foot tall perimeter fence at the North Side School in the Village of East Williston, Nassau County....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Oct 28,2019 |

Spin-Offs, Mergers, And . . . Gifts? Oh My

Mostly Divisions- Over the last several months, many of the projects on which I have been working have involved the division of a corporation or of a partnership. Yes, there have been purchases and sales of businesses along the way....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Oct 28,2019 |

Valuation, Hindsight, And Taxes

The Benefit of Knowing- Monday morning quarterbacking – the connotations are anything but positive. Life is full of instances in which someone, in possession of all the factors that informed – or that should have informed, had they known about them...By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Oct 07,2019 |

Taxable M&A And The Unwanted Asset

Under One Roof- I sometimes wonder at the number of corporations that own real property. It is often the case that the property is the corporation’s principal asset, which it leases to one or more commercial tenants, for example. That’s bad enough....By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Oct 01,2019 |

PE Fund, Foreign Investor, No Blocker, & Partnership Rollover – Hiccup?

Most transactions have their share of hiccups. Some cases are more serious than others. Generally speaking, they originate with the seller. For example, due diligence turns up some disturbing information about the target company’s legal status, the...By: Farrell Fritz, P.C.
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Farrell Fritz, P.C. | Sep 23,2019 |
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