In this episode of Inside R&E, R&E Member Alexander H. Shapiro and Counsel Daniel C. Gibbons join Dave Lorenzo, Founder of Exit Success Lab, to talk about noncompete agreements and trade secrets.

During the conversation, Zander, Dan, and Dave break down what trade secrets are, why they matter to businesses, and when restrictive covenants and noncompete agreements come into play. They examine the FTC’s 2024 ban on noncompetes, its implications for both employers and employees, and where things currently stand. The discussion also covers how noncompetes are applied in New York State, including variations across different counties. Drawing on their professional experience, Zander and Dan share industry-specific case studies and explain how courts evaluate noncompetes in different contexts, highlighting key factors to consider. They also outline what both employers and employees should keep in mind when drafting or signing a noncompete agreement.

Alexander H. Shapiro is an accomplished trial and appellate advocate with a proven track record of success in representing individuals and businesses in complex commercial disputes and white-collar regulatory and criminal investigations in state and federal forums. His distinguished background includes serving as an Assistant U.S. Attorney in the Southern District of New York and holding senior in-house leadership roles at three Fortune 500 companies. Shapiro represents clients with regard to a broad range of issues, including breach of contract, corporate governance disputes, business torts, securities and wire fraud, money laundering, asset forfeiture, piercing the corporate veil and voidable transfers, discovery in aid of foreign litigation (28 U.S.C. § 1782), and general counsel advisory services, including compliance and policy development.

Daniel C. Gibbons is an accomplished trial attorney and seasoned litigator who has represented clients in courts and venues across the country in various complex commercial disputes. Dan is well regarded for his rational approach and measured advice and he is known for his ability to take complex concepts and reduce them into understandable language. Dan draws on his extensive prior experience, which enables him to understand the needs and objectives of his clients, provide sound legal and business advice, and effectively represent them in court.

For any questions related to this episode, contact Alexander H. Shapiro at ashapiro@rosenbergestis.com or (212) 551-1221, or Daniel C. Gibbons at dgibbons@rosenbergestis.com or (212) 551-1264.

In this episode of Inside R&E, Devin P. Kosar, a Member in the firm's Litigation Department, welcomes back Alex Zafran, the Director of Business Development of Logical Buildings, to continue their discussion on Local Law 97, which was enacted in 2019 as part of New York City’s Climate Mobilization Act.

In Part 2 of this series, (the original episode aired on March 25, 2025), Devin and Alex discuss the recent updates in the law concerning new reporting and filing deadlines, and the importance of engaging a registered design professional and legal team in your corner to help you navigate through the reporting and filing process, as well as potential issues that may arise for the first time with the new law. Finally, Devin and Alex discuss how to utilize other programs such as the new J-51 Tax Abatement Program (J-51R) for compliance with Local Law 97 and how to get ready for the stringent requirements and increased greenhouse gas emission caps that are on the horizon for 2030 and beyond.

Devin Kosar is the head of the Firm’s Violation Department and has extensive experience in all regulatory and administrative law matters before the New York City Office of Administrative Trials and Hearings, such as the Environmental Control Board, Department of Consumer Affairs and Department of Health as well as the New York City Criminal Court. Kosar’s practice also involves all areas of real estate litigation including complex commercial litigation, landlord/tenant law and construction law. Additionally, Kosar also counsels and represents condominium boards in connection with condominium governance and operational matters.

Alex Zafran is the Director of business development of Logical Buildings , where he partners with real estate owners and managers nationwide to cut energy costs, enhance efficiency, and lower their carbon footprint. Alex’s expertise spans across various sectors, including energy commodities and financial markets, energy procurement, solar generation, and smart buildings technology. His insights on New York City’s energy landscape for coops and condos have been featured in Habitat, Brick Underground, The Cooperator, and other industry publications. For buildings subject to Local Law 97, Alex’s primary goal is to eliminate the fear, uncertainty, and doubt that many are feeling right now, and replace it with a clear plan of action.

For any questions related to this episode, contact Devin P. Kosar at dkosar@rosenbergestis.com or (212) 551-1208. Alex Zafran can be reached at azafran@logicalbuildings.com.

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In this episode of Inside R&E, Alex M. Estis and Adam Lindenbaum, Members of R&E’s Litigation Department, join Dave Lorenzo, Founder of Exit Success Lab, to talk about some case studies where Litigation and Transactional Attorneys have worked together (or ideally should have worked together) to draft commercial leases. This episode is a follow-up to Alex’s previous episode with Dave, titled “Why Should I Call My Litigator To Draft a Lease?”, which was based on Alex’s recent co-authored New York Law Journal's Landlord-Tenant Column with Gary M. Rosenberg.

During the conversation, Alex, Adam and Dave talk about matters that led them to realize how important it is to involve a litigator alongside a transactional attorney in drafting lease agreements. They talk about how beneficial it is to have different perspectives on a lease, and the importance of using unambiguous language in these agreements to avoid possible future litigation and the cost that comes with it. They share their insights on key clauses found in lease agreements and also talk about particular industries and scenarios where involving a litigator with the transactional attorney to draft a lease produced great results for their clients. They also touch upon the Force Majeure clause, and what a transactional attorney should keep an eye on while drafting leases.

Alex M. Estis handles all complex matters of general commercial litigation, including landlord-tenant disputes, breach of contract, transactional disputes, real estate partnership disputes, brokerage commission actions, holdover proceedings, ejectment proceedings, owner occupancy actions, co-op/condo disputes, matters before the New York City Office of Administrative Trials and Hearings, such as the Environmental Control Board and Department of Health as well as the New York City Criminal Court. Alex also handles commercial leasing negotiations and preparation for landlords, commercial tenants and net lessors.

Adam Lindenbaum represents real estate firms, developers and tenants in connection with their use, management and operation of commercial real estate in New York and New Jersey. He dedicates his practice to handling disputes involving complex landlord-tenant matters, real estate ownership and commercial litigation. Adam also has extensive experience involving residential real estate and landlord-tenant matters, including those involving cooperative and condominium boards, rent control, rent stabilization and the loft law. Lindenbaum has practiced before state, federal and appellate courts in New York and New Jersey, the American Arbitration Association, as well as numerous administrative agencies.

For any questions related to this episode, contact Alex M. Estis at aestis@rosenbergestis.com or (212) 551-1204, or Adam Lindenbaum at alindenbaum@rosenbergestis.com or (212) 551-8405.

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In this episode of Inside R&E, Raychel A. Camilleri, a Member of R&E’s Litigation Department, joins Dave Lorenzo, Founder of Exit Success Lab, for a discussion on how the construction industry can work through the impact of tariffs on the cost of their current and future projects.

During the conversation, Raychel and Dave talk about the various clauses that should be included in the contract, including, but not limited to, a jurisdiction clause, time is of the essence clause, termination for convenience clause, and even some problematic clauses in some projects. They talk about various factors that could impact the cost of a project, with Raychel detailing GMP (Gross Maximum Price) contracts, Time and Materials contracts, Price Escalation clauses and Force Majeure clauses. They look at the impact of tariffs on a project from the perspective of both general contractors as well as owners, developers and lenders, and how the impact goes down the line to subcontractors. Raychel also advises on how negotiations could be made fair for everyone involved in the project, and how certain clauses could also help combat the potential increase in price of labor, due to change in immigration laws.

Raychel A. Camilleri is an accomplished trial lawyer sought for her experience and success in defending complex, high-exposure litigation. She manages client exposure and contains costs either by alternative dispute resolution or trial by jury when necessary. Raychel focuses her practice on construction defect litigation, products liability, labor law, and commercial matters. She also represents clients in appellate proceedings before the New York State Appellate Division, First and Second departments. She regularly advises clients pre-litigation through accident reconstructions and investigations.

For any questions related to this episode, contact Raychel A. Camilleri at rcamilleri@rosenbergestis.com or (212) 551-1219.

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In this episode of Inside R&E, Michael A. Pensabene, a Member in the firm's Litigation Department, and Craig M. Deitelzweig, President & Chief Executive Officer of Marx Realty, host an inaugural podcast in the new podcast gallery at 10 Grand Central.

In this episode, Craig walks Michael through the various facilities in the new space, explaining the thought process behind designing such areas and how they are being utilized by both tenants and external visitors. He also shares some exciting plans for the space’s future, tailored to the unique needs of the location. Craig elaborates on how, in response to the rise of remote work, he brings hospitality and comfort into the office to encourage people to return, emphasizing the social aspects that make the office experience more inviting—sometimes even in abundance. He highlights the importance of revitalizing older buildings to give the city a competitive edge while meeting tenant demands. Craig also discusses upcoming projects and shares his thoughts on the future of office space in New York City.

Michael A. Pensabene’s experience affords him the judgment to evaluate competing property interests and the business relationship between the parties, to know how and when to assert clients’ rights to achieve their objectives. Pensabene’s achievements representing clients such as the Hyatt Corporation, Trinity Real Estate, Forest City Ratner Companies and the Durst Organization are founded on these principles and were honed in a wide variety of forums, including City, State and Federal courts. Pensabene successfully tried one of the first cases concerning novel landlord and tenant issues resulting from the September 11, 2001 terrorist attack and set precedent concerning service of process. Pensabene’s expertise in connection with construction activities has ensured the timely completion of developments and the protection of neighboring property rights, including negotiating easements, work agreements, clearing development sites, and obtaining injunctive relief from the Supreme Court. He has also represented boards, shareholders, unit owners, sponsors and managing agents in a wide variety of disputes concerning complex co-op/condo issues.

Over his 25-year career, Craig M. Deitelzweig has vast experience in every aspect of the real estate industry and believes in a very hands-on approach. Prior to Marx, he held senior roles at both private equity and private development companies, including redeveloping over 50 assets in major markets across the country with a particular emphasis on NY and DC. Craig’s projects have received various awards from industry groups such as NAIOP, BOMA, Globe St., Crain’s, Washington Business Journal and AIA. He has been interviewed as a thought and innovation leader in several features in the Wall Street Journal, CNN, Bloomberg and on CNBC, and was selected as one of the Real Estate Forum’s Best Bosses of 2019. Under Craig’s leadership, Marx was selected to Crain’s Best Places to Work in 2020 and 2021. Craig was named to the 2020 and 2021 Commercial Observer’s Power 100 List. Craig previously practiced law in the real estate and litigation departments at Skadden before transitioning to the business side of the industry.

For any questions related to this episode, contact Michael A. Pensabene at mpensabene@rosenbergestis.com or (212) 551-8406. Craig M. Deitelzweig can be reached at craig.d@marxrealty.com or (212) 557-1431.

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In this episode of Inside R&E, Alex M. Estis, a Member of R&E’s Litigation Department, joins Dave Lorenzo, Founder of Exit Success Lab, for a discussion about landlord-tenant leases. Alex shares insights from his recently published article, co-authored with R&E Founding Member Gary M. Rosenberg, titled “Why Should I Call My Litigator To Draft a Lease?”, which appeared in The New York Law Journal's Landlord-Tenant Column on April 2, 2025.

During the conversation, Alex and Dave talk about how it is increasingly beneficial for landlords and tenants to involve the advice and counsel of litigators as well as transactional attorneys when drafting lease agreements. Transactional attorneys handle the lease’s creation, while litigators help ensure the lease is enforceable in court by identifying potential issues and assessing how clauses might be interpreted and can help negotiate the lease by giving practical examples from experiences in Court and real time updates in court rulings which may affect how leases should be drafted.

Alex M. Estis handles all matters of general commercial litigation, including landlord-tenant disputes, breach of contract, transactional disputes, real estate partnership disputes, brokerage commission actions, holdover proceedings, ejectment proceedings, owner occupancy actions, co-op/condo disputes, matters before the New York City Office of Administrative Trials and Hearings, such as the Environmental Control Board and Department of Health as well as the New York City Criminal Court. Alex also handles commercial leasing negotiations and preparation for landlords, commercial tenants and net lessors.

For any questions related to this episode, contact Alex M. Estis at aestis@rosenbergestis.com or (212) 551-1204.

Click here to stream this episode, or view it here on YouTube.

In this episode of Inside R&E, Devin P. Kosar, a Member in the firm's Litigation Department, invites Alexander Zafran, the Director of Business Development of Logical Buildings, to share his insights on Local Law 97, which was enacted in 2019 as part of New York City’s Climate Mobilization Act.

During their discussion, Alex talks to Devin about his journey through the world of energy efficiency, how he was introduced to the world of energy for real estate, and why laws like LL97 are important. They dive into what Local Law 97 is, what the requirements are and the wide ranging effects of this new law. Alex and Devin discuss how building owners can navigate through the compliance requirements and avoid potentially large financial penalties for noncompliance, its overlap with other concurrent laws, and how to stay ahead of the curve with the increasingly stringent future carbon emission caps over the next several years required under Local Law 97.

Devin Kosar is the head of the Firm’s Violation Department and has extensive experience in all regulatory and administrative law matters before the New York City Office of Administrative Trials and Hearings, such as the Environmental Control Board, Department of Consumer Affairs and Department of Health as well as the New York City Criminal Court. Kosar’s practice also involves all areas of real estate litigation including complex commercial litigation, landlord/tenant law and construction law. Additionally, Kosar also counsels and represents condominium boards in connection with condominium governance and operational matters.

Alexander Zafran is the Director of business development of Logical Buildings , where he partners with real estate owners and managers nationwide to cut energy costs, enhance efficiency, and lower their carbon footprint. Alex’s expertise spans across various sectors, including energy commodities and financial markets, energy procurement, solar generation, and smart buildings technology. His insights on New York City’s energy landscape for coops and condos have been featured in Habitat, Brick Underground, The Cooperator, and other industry publications. For buildings subject to Local Law 97, Alex’s primary goal is to eliminate the fear, uncertainty, and doubt that many are feeling right now, and replace it with a clear plan of action.

For any questions related to this episode, contact Devin P. Kosar at dkosar@rosenbergestis.com or (212) 551-1208. Alexander Zafran can be reached at azafran@logicalbuildings.com.

Click here to stream this episode, or view it here on YouTube.