From proposed class actions challenging energy pipeline rent deals with railroad companies to rumblings of disputes emerging from the market's construction boom, real estate experts have their eyes on several new founts of litigation in the second half of the year.
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“There is a fine line between permissible damages and unenforceable penalties. If not properly drafted, acceleration clauses may be unenforceable,” said Dan Ansell, Greenberg Traurig LLP's real estate litigation co-chair. “This case is of interest because it could impact the way leases are drafted not only in New York, but also across the country.”