Menu
Home
About Us
Completed Matters
Publications
News/Events
Press Coverage
Site Info
Search
Contact Us
Join Email List
Joshua Stein PLLC
501 Madison Avenue, Suite 402
New York, NY 10022
(212) 688-3300
Practice Areas
Development
Finance
Ground Leases
Hotels
Purchases & Sales
Space Leases
Expert Witness Work
Joshua Stein
PLLC
Menu
Home
About Us
Completed Matters
Publications
News/Events
Press Coverage
Site Info
Search
Contact Us
Join Email List
Practice Areas:
Practice Areas:
Development
Finance
Ground Leases
Hotels
Purchases & Sales
Space Leases
Expert Witness Work
Publications
Legal Practice/Ethics
79 Articles and Other Items Found
Sort by Year
Sort by Title
Text Messages Can Create A Binding Contract - Sometimes [2024]
mail
Communications by text message or email can sometimes become legally binding. It can depend on the context and exactly what was said. Texter beware! A recent New York case concerning a rent dispute took up the issue.
Uncertainty On Protection For Some Attorney-Client Communications [2023]
mail
If an attorney gives a client mixed business and legal advice, is it privileged? The Supreme Court recently dodged an opportunity to clarify the issue.
Communicate With Care [2022]
mail
Google tried to train its employees to "communicate with care" on topics that can have legal implications. Did that abuse the attorney-client privilege? The federal government thought so.
When Partners Fight, They Might Not Recover Their Legal Fees [2022]
mail
Limited liability agreements often refer to the word "indemnification," but the concept isn't broad enough to cover an ordinary obligation to reimburse attorneys' fees in LLC litigation.
A Limited Liability Company And A Quick Flip [2021]
mail
An LLC manager buys out an investor, and then resells for a huge profit. Does that pass the smell test? What will a court say?
Can We Save Time By Using A Negotiated Document From Another Deal? [2021]
mail
Using a negotiated document from another real estate deal might speed up negotiations, but where do the deal-specific elements end and the generic negotiated elements begin?
Beware Of Artwork In Buildings--The Expensive Lesson Of 5Pointz [2020]
mail
Imagine owning a building and allowing multiple layers of graffiti to remain, only to be liable for $millions when you decide to whitewash it. The "5Pointz" case illustrates how important it is for owners and their counsel to be familiar with the Visual Artists Rights Act (VARA) of 1990.
Dajia Vs Mirae--The Anbang Adventure [2020]
mail
Some unexpected title problems and the Covid shutdown meant that the buyer of the $6 billion Anbang hotel portfolio didn't have to close. Joshua Stein summarizes what happened in the Dajia vs Mirae case.
How To Control Legal Costs In Commercial Real Estate Transactions [2020]
mail
Here are 12 suggestions to control legal costs in commercial real estate transactions.
How To Make An Insurance Claim For Business Interruption [2020]
mail
The Covid pandemic has interrupted business everywhere. Business interruption insurance probably won't help, but it might be worth a try. Here are some suggestions on how to file an effective claim.
The Long Term Burdens Of Family-Owned Real Estate [2020]
mail
First or second generation owners of family-owned real estate can avoid leaving a financial and emotional burden that their progeny will have to untangle later. This article tells the story of a family real estate business that should have thought more about the future.
Unsolicited Offers For Commercial Real Estate [2020]
mail
Commercial real estate owners receive unsolicited offers even in an uncertain market. They should think about some critical questions before deciding whether to proceed.
Confidentiality Agreements: A Base Case and Many Bells and Whistles [2019]
mail
A Confidentiality Agreement serves purposes beyond keeping information confidential. This article offers a Model Confidentiality Agreement with optional provisions for Discloser and Recipient, and explains why the most important part of the agreement has nothing to do with confidentiality.
Document Bloatation and a Response [2019]
mail
Document templates tend to grow over time, but there's a way to keep contents a reasonable size, while saving optional provisions to use again in other documents. A ground lease is used as an example.
An Expensive Dispute About Serial Commas [2018]
mail
Should a missing serial comma in a Maine statute cost an employer millions of dollars of unexpected overtime pay? This article parses the law and evaluates two conflicting interpretations.
Hairy Deals: Seller Due Dilligence [2018]
mail
When selling commercial properties it's important that sellers stay one step ahead of buyers by performing due diligence on their own property. In a buyer-friendly market there are several reasons why it makes even more sense for sellers to do a thorough investigation.
Privacy Again [2018]
mail
How will today's heightened concern about privacy change the real estate industry? What disclosure obligations and consent requirements should we expect and how can we best prepare for it all?
Problem Prevention in the Law Business (Model Handbook) [2018]
mail
Based on the risk management manual he prepared for his own firm, Joshua Stein offers a model handbook for problem prevention of a small transactional real estate law practice. It's not meant to set a professional standard, but rather to provide aspirational policy recommendations that may or may not apply to particular situations.
Strength in Numbering: How to Create Foolproof Section Numbers in Microsoft Word Documents [2018]
mail
It's been a frustrating waste of time to create a dependable automatic section numbering system for complex legal documents in Microsoft Word. Fortunately, there's now a reliable solution.
Target Practice For Legalese [2018]
mail
Many words that only lawyers use add little or no value to documents. So why use them if substitutes in Plain English are available that are easier to understand?
Can an Email or a Phone Call Create a Legal Obligation to Sell a Loan? [2017]
mail
When does the seller lose the right to change its mind in the auction sale of a loan? How does the recent New York Court of Appeals decision in the matter, Stonehill Capital Management v. Bank of the West, affect "preliminary" commercial real estate agreements?
Conflicted About Conflicts [2017]
mail
Divestiture can be a costly requirement for entering public service. Is it too much to ask for from public officials?
Don't Take a Haircut on Problem Buildings [2017]
mail
Should
caveat venditor
supersede
caveat emptor
in the commercial real estate market? In other words, is it in the seller's interest to do at least as much due diligence as the buyer in a commercial property sale?
Lawyer and Broker at the Same Time? [2017]
mail
The NYSBA Committee on Professional Ethics recently reaffirmed its prohibition on lawyers acting as brokers at the same time. But should a fully informed and intelligent commercial real estate client be able to waive this longstanding rule?
The Lawyers Are Getting In the Way of The Deal [2017]
mail
Are there times when it's better to aim for "good enough" instead of the perfect deal? When should lawyers stop what they're doing? This article discusses the risks and benefits of pursuing perfection during negotiations.
Business Issues Vs Legal Issues [2016]
mail
The distinction between "business" and "legal" issues in a transaction isn't always so clear. In this article Joshua Stein discusses how and why attorney-client relationships vary from deal to deal.
Getting Ready to Sell [2016]
mail
A seller can avoid delays in completing a purchase and sale deal by planning ahead. This article offers suggestions for sellers to keep the deal on track.
Let's Get Everyone in a Room and Hammer It Out [2016]
mail
What would we do today without word processing for negotiating significant commercial real estate transactions? But those endless changes and delays between drafts call for a solution. This article offers a "back to the future" recommendation.
Living with Leases (Templates for Landlord's Counsel) [2016]
mail
A landlord shouldn't stick a signed lease in a drawer and forget about it. A "to-do" list in the form of a model lease administration memo will enable a landlord or property manager to keep up-to-date with the evolving circumstances of a lease and avoid unpleasant surprises.
Look Back in Chaos? [2016]
mail
Most completed projects may never need another look. But some always do; and when that happens, a firm needs needs to be able to find a record of what took place. This article examines the extra step of creating an institutional memory for finished work.
Making Deals at the Speed of Light [2016]
mail
Technology allows deals to get done ever faster, so the market expects everyone to move ever faster. What can real estate players do to better manage deals at the speed of light? This article offers some suggestions.
My Dropbox Misadventures and Search for a Replacement [2016]
mail
Dropbox should work like a charm, keeping files and folders synchronized on multiple computers with Internet access. But minor maintenance of one computer can cause chaos in no time.
Review of NetDocuments [2016]
mail
As a 15-year user of NetDocuments, Joshua Stein evaluates the document management system for his small law firm and discusses why he'll probably stay with the same cloud document software for the rest of his professional life.
Should Contracts Allow Formal Notices by Email? [2016]
mail
We use email for practically all business communications, so should we figure out a way to give formal notice by email? This article examines the issues and offers some suggestions.
Did the Lender Act Reasonably and in Good Faith? [2015]
mail
When a legal document says that a party will act "reasonably" or "in good faith," how should these terms be interpreted? Using the common example of a lender's consent to a nondisturbance agreement for a major tenant, Joshua Stein considers their meanings.
A Checklist for Giving Legally Effective Notices [2015]
mail
When a transaction heads for trouble, one of the first steps will often involve giving a notice of default (or some other notice). This article explains how to do it right.
Can We Schedule A Phone Call? [2015]
mail
Now that email has replaced most telephone conversations, when is it still worthwhile to pick up the phone and make a call? Joshua Stein assesses current business telephone etiquette and offers an alternative to endless phone tag.
Fifty Lessons Learned [2015]
mail
Five years after opening his eponymous law firm, Joshua Stein reflects on what he has learned from running a transactional commercial real estate practice.
It's All About Them [2015]
mail
Email can be a messy way of communicating for business, but there are ways to overcome its shortcomings. One technique may help improve your message in any medium.
Premature Compensation and How to Prevent Unpleasant Brokerage Surprises [2015]
mail
A preliminary agreement between the parties can protect an owner from a broker's premature commission claim. This article examines the situations when a broker might be entitled to compensation, and provides model language for owners to protect themselves from premature claims.
Why The Deal Hasn't Closed [2015]
mail
When sit-down closings were the norm, it was a lot easier to take care of issues such as a missing signature, an overlooked document or some other detail that could delay the closing to another day. In the digital age, attention to every last detail is more important than ever. Preparing in an organized way can keep the closing on schedule.
It Ain't Easy: A Review Of 'The Practice' By Brian Tannebaum [2014]
mail
Joshua Stein reviews Brian Tannebaum's recent book, "The Practice," which says that lawyers don't succeed through online marketing, but by working hard and building a reputation, among other classic attributes.
Deal-Breakers [2014]
mail
To resolve the big issues when negotiating a deal, are there times when ultimatums and histrionics succeed more than a measured approach? Are there effective ways to reduce the drama and make the deal? This article offers some practical suggestions for resolving matters before they become deal-breakers.
Fast, Cheap and Good - How to Get the Most Out of Your Attorney [2014]
mail
How can attorney and client work together to make the best use of their time and achieve their goals? Joshua Stein offers some practical suggestions.
The Problem [2014]
mail
Choosing whether to let a problem derail a transaction or to treat it as background noise is ultimately a business decision. Depending on market conditions it may make sense to raise the issue or live with the risk. This article discusses the factors that counsel and their clients should consider in deciding how to proceed.
Unpaid Internships [2014]
mail
Those poor interns--unpaid, exploited--deserve legal protection and should be paid something for their efforts, right? Not necessarily. There are some unintended consequences to consider before signing on to the intern protection movement.
When Relationships Fail [2014]
mail
Successful long-term business relationships don't just happen. Analyzing what went wrong in a promising match between a borrower and a lender shows how important it is to balance competing interests in a loan transaction.
Working With Reporters [2014]
mail
Should a lawyer talk to the press? "No" may seem the correct response; but there are occasions when it may serve the interests of lawyer and client to seek publicity.
Your Second Job Out of Law School [2014]
mail
Thinking of leaving your first job out of law school? This article will help you prepare a sensible strategy and make realistic assumptions and expectations for a successful move.
Brokers and Lawyers [2013]
mail
Brokers and lawyers don't have to be adversaries. In fact, their relationship can be peaceful and constructive, and help both professionals do a better job for the benefit of their mutual client. Joshua Stein explains how to do it.
Disaster Prevention in Deals [2013]
mail
When closing deals, what can transactional lawyers and their clients do to avoid litigation or other future complications? Following Joshua Stein's suggestions at the outset can go a long way to preventing deals from becoming disasters.
First Impressions of Citi Bike [2013]
mail
Would you rely on Citi Bike to get to a client meeting? Joshua Stein gives his assessment of New York City's bike-sharing program.
It's Complicated But Is It Right? [2013]
mail
Legal documents become ever more complex. Can mere humans get everything right?
The Interview [2013]
mail
You never know when a random walk around the block or being a nice person will pay off. Sometimes the combination of good networking skills, thinking outside the box and a bit of luck can lead to great results at the workplace. Joshua Stein explains in the following story.
Too Much Law? [2013]
mail
Once any law or program is in place, it seems to develop a life of its own and an inertia in favor of its continuation. Citing examples in several fields, including real estate, construction and insurance, Joshua Stein asks why it has to be this way.
A Dozen Suggestions for New Lawyers [2012]
mail
What does a new lawyer need to know? Based on his experiences as an associate and then as a partner for 20+ years, Joshua Stein offers a few suggestions.
Getting Your Work Done (Parts 1 & 2) [2012]
mail
As work piles up on your desk it can seem overwhelming. Joshua Stein gives some practical advice on how to manage your workflow.
How To Move Your Files Away From Paper And Into the 21st Century [2012]
mail
Here's a logical structure for maintaining paperless files for a small law practice.
How to Supervise a Secretary or Assistant [2012]
mail
Some sage advice for newly minted attorneys or other professionals beginning their careers--or for anyone starting to work with a new assistant or paralegal: how to best work with the people who report to you.
A Parable About Lawyers and Deals [2011]
mail
Is it better for the client to save time and money--and bear the risk of imperfect legal documents? This article addresses the benefits and risks of "underlawyering" and "overlawyering" a transaction.
City Bar Seminar on Writing and Publishing [2011]
mail
The New York City Bar Association invited Joshua Stein to speak as a panelist on "Writing and Publishing for Business and Professional Development. He discussed how to find ideas for articles; how to place them; how to target them; and the writing process. To see a summary of the panel presentation, click anywhere on this paragraph.
Enough Email [2011]
mail
Perhaps the world is starting to move away from email. And what will come after email?
New York Times Interviews Joshua Stein [2011]
mail
Joshua Stein was the subject of "The 30-Minute Interview" in the Square Feet column of the October 16, 2011 New York Times Sunday real estate section. In the interview, he discusses his move from one of the world's largest law firms to his eponymous firm and talks about how it has gone so far.
Photo Spread on Cocktail Party at Offices of Joshua Stein PLLC [2011]
mail
Joshua Stein PLLC held a series of open house events for clients and friends. Photographs from the open house appeared in The Mann Report.
Starting a New Law Practice [2011]
mail
A summary of early lessons learned from the launch of Joshua Stein PLLC.
The Negotiation Tapes (Parts I & II) [2011]
mail
Remember these arguments for your next commercial real estate negotiation. Save time: bring along this article and refer to the arguments by number!
Veteran Lawyer Thinks Big As He Branches Out Alone [2011]
mail
In March 2011, Real Estate Weekly profiled Joshua Stein in its Deals and Dealmakers section. Click here to read the article.
Escape From the AmLaw 100: A Commercial Real Estate Lawyer Goes Solo [2010]
mail
TechnoLawyer published a "BigLaw" profile on Joshua Stein a couple of months after the launch of Joshua Stein PLLC. The profile was based on an in-depth interview about why and how Joshua Stein initiated his new practice. To read the profile, click anywhere on this paragraph.
Living Dangerously: Veteran New York Real Estate Lawyer Strikes Out on His Own [2010]
mail
BNA Real Estate Law & Industry Report interviewed Joshua Stein about his new law practice; his use of technology; and the state of commercial real estate. Click here to read the interview.
New York's Final Lawyer Advertising Rules [2007]
mail
New York's Office of Court Administration issued final (revised) lawyer advertising rules in January 2007 -- much improved from the draft rules released in Summer 2006. This article compares the draft and the final rules, at least as they relate to email and websites.
Tangling Up the Web for Lawyers [2006]
mail
In 2006, when the New York Office of Court Administration proposed new legal ethics rules on advertising and solicitation that would have affected how lawyers could use websites and email to communicate with clients and prospective clients, Joshua Stein submitted comments and recommended changes to the OCA to resolve his concerns.
The Top Ten Do's and Dont's for CLE PowerPoint Presentations [2003]
mail
Some suggestions for anyone preparing PowerPoint presentations (for continuing legal education programs or anything else).
How to Prevent Real Estate Problems in Non-Real Estate Transactions [2002]
mail
Share this article with your non-real-estate colleagues.
Fundamental Principles for Real Estate Deals [2001]
mail
Even though every real estate deal is different, they all require the same practical skills to get the job done.
Adventures in the Mortgage Trade - A Case Study in Legal Ethics [1999]
mail
A wild and strange tale of ethical problems that could conceivably arise in what looks like a "plain vanilla" real estate financing transaction.
Preparing for the Commercial Real Estate Closing - Parts 1 & 2 [1999]
mail
Master the many details of a major closing by planning meticulously, using good checklists, and delegating effectively.
How to Streamline, Simplify and Save Money in the Loan Closing Process [1998]
mail
Simplifying the closing process for nonrecourse loans involves planning ahead and following some common sense suggestions.
How to Amend Transactional Documents [1995]
mail
Amendments should change, not ruin, your transactional documents. If drafted with care, your amendments can avoid inconsistencies, uncertainty, and litigation.
How to Prevent Mistakes in Transactional Legal Work [1994]
mail
Principles, ideas, and guidelines on how to do your work right, based on an analysis of how it can go wrong. Common sources of ambiguity and problems in legal documents.
Practice Areas:
Practice Areas:
Development
Finance
Ground Leases
Hotels
Purchases & Sales
Space Leases
Expert Witness Work
Joshua Stein PLLC
Please Note Our New Address:
110 West 57th Street, 4th Floor
New York, NY 10019
(212
)
688-3300
Top