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Herrick Does That

Author: Herrick, Feinstein LLP

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A podcast on current legal topics, relevant industry and legal trends and significant developments in the law brought to you by the attorneys of Herrick, Feinstein LLP. | © 2021 Herrick, Feinstein LLP. This podcast is provided by Herrick, Feinstein LLP to keep its clients and other interested parties informed of current legal developments that may affect or otherwise be of interest to them. The information is not intended as legal advice or legal opinion and should not be construed as such.
42 Episodes
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Co-chair of Herrick’s Israel Practice, Yariv Ben-Ari, sits down with Dafna Landau, head of Real Estate at Bank Leumi in Israel, to discuss the state of real estate lending and how Israel has a very strong economy and although there is a war, the market is functioning very well. They discuss the current real estate market in Israel as well as the “Institutional Effect” of Israel’s banking system, and, as a leading bank in Israel with significant international activities, the primary effects on the company and the economy. They also discuss the resiliency of Israelis and what is next for the state of the market.   Music by Michelangelo Sosnowitz
Yariv Ben-Ari, co-chair of Herrick’s Israel and Real Estate Hospitality practices, Yoni Ophir, Owner and Managing Partner of Frontier Capital, Yossi Levi, partner at Infin Capital, and Daniel Lesser, the co-founder, president, and CEO of LW Hospitality Advisors, sat down to give a global perspective on business in Israel. They discuss the impact of the war on the Israeli economy, the ongoing uncertainty's impact on the state of the hospitality industry and what a path forward looks like for the business community. Music by Michelangelo Sosnowitz
Yariv Ben-Ari, co-chair of Herrick’s Israel and Real Estate Hospitality practices, and Menachem (Meni) Neeman, Deputy CEO & Chief Legal Counsel of The Phoenix Group, discuss the management of a large institutional company during war time. The Phoenix Group is the largest insurance, investment and finance group in Israel and is traded on the Israeli stock exchange. They discuss how to navigate a fluid situation in real-time; managing a workforce that is called to service or needed at home when schools were closed; risk management across various aspects of the business; and the strength of the Israeli economy and strategic business opportunities. They also discuss community engagement and quickly mobilizing donations to the medical sector and creating a fund to support investors hard-hit by the war. This is a unique conversation for our modern times and Herrick is privileged to have had Mr. Neeman join us for this podcast. Music by Michelangelo Sosnowitz
Herrick counsel Maxim Nowak sits down with Herrick senior litigator Ron Levine to discuss best practices for pitching new business. Ron brings a well-rounded perspective to the conversation, providing insights from his 45+ years’ experience in private practice and having held roles as the firm’s general counsel, co-head of litigation and law school professor during that time. Using his background as an in-house counsel and a private litigator, Max asks Ron to share feedback from in-house lawyers, having gleaned their thoughts over the years on what works well when a law firm comes in to try to pitch for new work. This thought-provoking episode is based in part on Ron’s recent six-part series on business development for LexisNexis Practical Guidance, and is designed to help outside counsel be more effective and strategic in client pitches while also providing a guide to in-house lawyers hoping to streamline the process of selecting outside counsel. Music by Michelangelo Sosnowitz
Belinda Schwartz and Bill Fried have been through all sorts of real estate deal cycles as legal professionals. As leaders in their field, and from their respective sides of the transaction, they discuss the state of the real estate market in Q4 2023. Bill discusses the types of advice he gives to lenders and borrowers, how he navigates conversations when legal concerns become business decisions, the professionals he likes to call upon when working on a case and what makes for a good counselor and advocate for clients. Take a listen and learn how an experienced real estate litigator thinks about the market and what’s next for real estate in 2024. Music by Michelangelo Sosnowitz
The repositioning of real estate assets is a hot topic as building owners and investors want their assets to be on the market, producing income. The speed to market and being able to deliver can be a challenge regardless of where in the real estate cycle the need to reposition appears. Herrick Real Estate Partner, Patrick J. O’Sullivan, Jr., is joined by Raffaela Dunne and David Quart from VHB to discuss what the repositioning of an asset really means – and why you likely need a team of professionals around you for this endeavor. Converting a building from office to residential (or to educational, medical or life science uses) is not as easy as changing out the furniture. This process is complex even if the conversion is as-of-right. Zoning considerations inside and outside New York City are also important for building owners and developers to understand. Music by Michelangelo Sosnowitz
Louis Goldberg and Janice Goldberg, partners and co-chairs of Herrick's pro bono committee, discuss Herrick's long and proud tradition of providing pro bono services to the community. They introduce the program and the breadth of pro bono work in which Herrick attorneys participate.Louis and Janice are joined by this year's recipient of the Milton Mollen Pro Bono Award, Josh Herman. Josh discusses the importance of in engaging in pro bono work and specifically his work with The Door, a nonprofit organization whose mission is to provide comprehensive youth development services, including free legal assistance, for youth in New York City. They are also joined by Fred Green, who received the 2022 Cornerstone Award from the Lawyers Alliance for New York for outstanding service to nonprofits that improve the quality of life for low-income New Yorkers. Fred discusses how engaging in pro bono work not only provides an opportunity to give back to underserved communities, but also improves core legal skills. Music by Michelangelo Sosnowitz
The New York City Economic Development Corporation and New York City Industrial Development Agency recently announced the launch of the Manhattan Commercial Revitalization Program, or "M-CORE", which seeks to lower commercial tenant vacancy rates by offering building owners discretionary tax incentives to upgrade aging office spaces in Manhattan below 59th Street. Herrick Real Estate partners Brett Gottlieb and Patrick O’Sullivan discuss the aim of the program, the August 1st first submission date and the possible alternative that the Industrial and Commercial Abatement Program, or “ICAP”, offers to building owners. Music by Michelangelo Sosnowitz
Executive Chair of Herrick and co-chair of our Real Estate Department, Belinda Schwartz, is joined by Can “Jon” Tavsanoglu, Founder and Managing Partner at Caldera Real Estate Ventures, to discuss the role of the family office in the 2023 real estate market. Whether you call them a private investment management company, high-net worth, UHNW or simply “alternative capital”, the role of the family office has expanded to become a type of rescue capital for a multitude of deals in various asset classes. Belinda and Can discuss foreign investors in the current NYC market and how the state of disruption creates opportunities for these types of investment structures. They also discuss the role of a fractional Chief Investment Officer or “CIO On-Demand,” and why a HNWI or a family office might see great value working with a CIO in this capacity. Music by Michelangelo Sosnowitz
Belinda Schwartz, newly elected Executive Chair of Herrick and co-chair of Herrick’s Real Estate Department sits down with her friend and colleague Carol Goodman, also a member of the Firm’s Executive Committee and co-chair of the Litigation Department. These two incredibly influential and respected professionals discuss what it is like to be a law firm leader in 2023 and what it has been like to be a woman in the legal industry over the past few decades. In this candid conversation, Carol and Belinda share their insights and experiences on how to balance the demands of running a busy practice, developing business while managing their families and how they got here.Music by Michelangelo Sosnowitz
Mitch Korbey, partner and chair of Herrick’s Land Use and Zoning practice, is joined by Basha Gerhards, Senior Vice President of Planning at REBNY, to discuss plans recently announced by the Mayor and the Planning Department to permit the conversion of certain office buildings in New York City.  Current zoning permits limited conversions in limited areas, but this new plan would more broadly apply.  Our speakers discuss the many nuances for such developments across the City. As the need for housing of all types continues to grow, Mitch and Basha’s dialogue of what is possible, probable and next for the City of New York is timely and critical.Music by Michelangelo Sosnowitz
Herrick is pleased to announce the launch of its new podcast series titled “My Herrick Story.” Hosted by Herrick’s Director of Recruiting & Professional Development, Morgan Dufault, this series will feature lawyers that have joined Herrick as lateral hires. They will share their experiences coming to Herrick and highlight how their practice has grown or evolved since joining the firm. In this episode, Herrick partner John Chun shares his experience since joining Herrick’s powerhouse Restructuring & Finance Litigation team. Music by Michelangelo Sosnowitz
Mitch Korbey, chair of Herrick’s Land Use and Zoning Group, sat down with Sean Campion, Director of Housing and Economic Development Studies for the Citizens Budget Commission to discuss CBC’s September 2022 report and how the City of New York can revamp and redesign the land use review process in New York City to encourage development, streamline the process and work with local communities. New York is one of seven states that mandates environmental review for discretionary land use actions. It has the longest median timeline for approvals among cities that have similar requirements, according to the report. The Citizens Budget Commission is a nonprofit, nonpartisan organization devoted to influencing constructive change in the finances and services of New York State and New York City governments.Music by Michelangelo Sosnowitz
The development of the area around Penn Station will be a major transformation of the area. At thirty-three acres, the project will surpass the size of Rockefeller Center, the last comparable development in Midtown, completed more than 80 years ago. With a scope not seen in decades, the development will require the acquisition of a number buildings for public use, by way of eminent domain. In a brief 15 minute discussion, co-chairs of Herrick’s Eminent Domain practice, Jennifer Polovetsky and Philip Sanchez, discuss why eminent domain is being used in this development, what exactly “public use” means, and why you need someone skilled in this area of the law to partner with you if you find yourself with a letter from the government about taking your property. Music by Michelangelo Sosnowitz
Barry Werbin, counsel and member of Herrick’s Intellectual Property Group, is joined by Oliver Herzfeld, Senior Vice President and Chief Legal Officer of Beanstalk, a global brand licensing agency responsible for some of the world’s most recognized global brand extensions, in a conversation about NFTs and the interplay with intellectual property rights and licensing.They discuss the underlying intellectual property rights including the distinction between ownership of a non-fungible token (NFT) and the digital files to which it links and the ownership of underlying intellectual property assets that may reflect copyrighted content, brand names or logos. They note that generally the purchaser of an NFT does not acquire the underlying intellectual property rights, and discuss the exceptions to this rule. They also discuss smart contracts and how an original NFT creator will retain residual rights thereby receiving a percentage of the ongoing sales, differentiating it from other sales in the art market. Barry and Oliver address current NFT market trends and how brands have exploited NFTs in different ways – with some brand owners embracing the NFT market and some proceeding with caution. Finally, they discuss the interplay of the right to publicity and name, image and likeness rights as they relate to NFTs and how courts are challenged to police disputes regarding NFTs by interpreting laws that were often crafted in a non-digital world. Music by Michelangelo Sosnowitz
Irwin Kishner and Dan Etna, co-chairs of Herrick’s Sports Law Group, and Jennifer Polovetsky and Philip Sanchez, co-chairs of Herrick’s Eminent Domain Practice, discuss the various considerations for new stadium developments and the critical role that eminent domain can play in the process. They discuss the most important issue in stadium development – determining the location of the stadium and acquiring the land for the development – and additional factors including environmental issues, transportation, community benefit agreements and population density. In areas of dense population, they discuss the pivotal role of eminent domain in acquiring land by allowing the government to take the property. The team also discusses one of the most notable recent examples of the use of eminent domain, the development of the Barclays Center in the heart of Brooklyn, and their personal experiences representing clients when this tool was used by the government. Music by Michelangelo Sosnowitz
Yariv Ben-Ari, co-chair of Herrick’s Hospitality and Israel Practices is joined by Jonathan Falik, Founder and CEO of JF Capital Advisors based in the U.S.; Rahul Thakrar, Partner at Boodle Hatfield based in London; and Ram Spektor, Partner at Shibolet based in Tel Aviv to discuss capital investments in the hospitality sector in 2022. As we move into a post-Covid world, many investors are taking advantage of the market changes, and we see cross-border investments at the heart of many of these transactions. Hear from our speakers as they are involved in these transactions all over the world.Music by Michelangelo Sosnowitz
Yariv Ben-Ari, Real Estate partner and co-chair of Herrick’s Real Estate Hospitality and Israel Practices, speaks with Yoni Ophir, Co-Founder & Co-CEO of Elysian World and the Co-Founder & Managing Partner of Finova Capital for a conversation about real estate in the metaverse. They discuss what real estate looks like in these virtual worlds, what “rules” investors need to follow, and are investors and players already late to the game.Music by Michelangelo Sosnowitz
Chair of Herrick’s Land Use and Zoning group, Mitch Korbey, and leader of our Real Estate Tax Incentives team, Brett J. Gottlieb, are joined by Basha Gerhards, Senior Vice President of Planning at REBNY and Sean Campion, Senior Research Associate at Citizens Budget Commission to discuss the next steps in the renewal of the 421-a “Affordable New York” law or Governor Hochul’s proposed replacement, 485-w “Affordable Neighborhoods for New Yorkers”. Listen and become more familiar with what “what could be” and possibly “what should be” on the table with respect to pending legislation as lawmakers debate solutions for affordable housing in New York City.Music by Michelangelo Sosnowitz
Partner Liliana Chang spoke to George Wolf, Jr., Managing Director, Professional Services, Aon Risk Services, to expand upon their recent article discussing the “culture of caring” and how law firms' long-term sustainability depends on diversity, equity and inclusion.  In this podcast, Liliana and George discuss Liliana’s path to partnership at Herrick, her philosophy on how mentoring future firm leaders allows firms to thrive culturally and the importance of developing authentic mentoring relationships to provide a support system to young lawyers. Liliana and George also address how diversity of thought drives innovation and how creating diverse teams best serves clients. They also emphasize the importance of addressing diversity at the law firm management level to focus on the needs of all employees to ensure firm growth. Music by Michelangelo Sosnowitz
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