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New York paves the way for LIBOR transition | Hogan Lovells


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A newly enacted New York statute will ease the transition from U.S. Dollar LIBOR to the Secured Overnight Financing Rate (SOFR) while reducing the uncertainty and litigation risk posed by agreements that cannot be amended to adequately address the cessation of U.S. Dollar LIBOR. Such “tough legacy” contracts reference U.S. Dollar LIBOR, extend beyond its cessation date and either lack any post-cessation fallback provision or include a fallback that itself relies on LIBOR or on polling banks for interbank lending rates. The new legislation nullifies such provisions and in some circumstances replaces them by operation of law with SOFR plus a spread adjustment. It also provides a “safe harbor” from litigation where SOFR is selected as a replacement rate for U.S. Dollar LIBOR. The new statute does not, however, prohibit parties from agreeing to a non-SOFR replacement rate or affect the enforceability of contracts ....

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Eviction Moratoriums Face Constitutional Issues: Landlords Challenge NY Law And Federal Judge Strikes Down CDC's Eviction Ban - Real Estate and Construction


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On February 24, 2021, five New York landlords filed a complaint in federal court, alleging that Part
A of the state s COVID-19 Emergency Eviction and Foreclosure
Prevention Act of 2020 (the
Act )
violates their constitutional rights (
Chrysafis, et al. v.
James, Case No. 2:21-cv-00998). The suit challenges the
extended statewide eviction moratorium and hardship declaration components of the Act on
First Amendment and due process grounds. The landlord plaintiffs,
whose tenants have refused to vacate or pay rent, have asked the
court to declare the Act unconstitutional and to bar New York ....

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The Constitutional Protection of Intellectual Property


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Intellectual property has been a key part of American exceptionalism the unique commitment in our political and legal institutions to natural rights and the rule of law as secured by a government of limited powers.REF When the Framers authorized Congress to secure patents and copyrights in the United States Constitution, it was unprecedented. No country’s founding document had done this before. As other intellectual property rights such as trademarks and trade secrets evolved in the 19th century, they too were secured by the unique American approach to securing all property rights in legal institutions governed by the rule of law.REF ....

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