Nixon Peabody: Update of ROFR Cases

In this article, Louis Dolan and Juan García with Nixon Peabody describe the implications of a recent decision out of the Eastern District of New York concerning rights of first refusal (ROFR). The decision provides a very effective roadmap for litigating these disputes in federal court and suggests some arguments that property developers and investors may advocate in favor of an ordinary, state-law definition of rights of first refusal to protect their property rights.