Nixon Peabody Tag Archives

Nixon Peabody LLP is a Global 100 law firm, with more than 700 attorneys collaborating across major practice areas in cities across the U.S., Europe and Asia.

New York State Court Rules That Exercising an Option to Redeem A Limited Partners’ Interests in a LIHTC Partnership Does Not Trigger a Liquidation Under the Partnership Agreement

On January 7, 2020, Judge Deborah A. Chimes of the New York Supreme Court—Erie County ruled from the bench that a general partner’s election to redeem the limited partners’ interests in a LIHTC partnership did not trigger liquidation provisions under the partnership agreement because the partnership still owned all, or substantially all, of the assets of the partnership.

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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.

Nixon Peabody Blog: Securities Law Considerations for LIHTC Fund Managers Sponsoring Qualified Opportunity Zone Funds

While many tax credit fund managers are looking to expand into opportunity zone funds, there may be important differences in how they are treated for regulatory purposes. In this article, Daniel McAvoy, Forrest David Milder, John H. Cornell, III and David F. Schon with Nixon Peabody discuss certain additional considerations that O-zone fund managers may need to take into account. These rules often are not the same as those that apply to managers of other tax-advantaged funds such as low-income housing tax credits (LIHTC), new markets tax credits (NMTC) and historic rehabilitation tax credit (HTC) funds.

Former U.S. Department of Housing and Urban Development Senior Counsel joins Nixon Peabody

Nixon Peabody recently announced the arrival of Kathie Soroka as counsel to the firm’s Affordable Housing and Real Estate practice in New York City. Kathie is one of the nation’s foremost professionals in the Rental Assistance Demonstration (RAD), having been a key player in the development of the program’s structure while she served as Senior Counsel to the General Counsel of the U.S. Department of Housing and Urban Development (HUD).

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