Insights

  • Terrence Dunn represented a national theater chain in the closing of the sale and leaseback of a New York theater property, which included the multi-million dollar reconstruction of the theater in conjunction with a Nassau County IDA tax grant, with financing and ultimate acquisition by a national REIT.
  • Michael Einbinder & Mackenzie Dimitri successfully moved to compel their adversary to produce tax returns, in a shareholders’ dispute over four related entities, three of which operate franchises in the New York City area. The court ordered Plaintiff in that case to produce the tax returns, or to supply an affidavit stating the documents were not in Plaintiff’s position and provide Defendants with IRS Form 4506 so that Defendants could attempt to procure the tax returns directly from the IRS.
  • Michael Einbinder and Mackenzie Dimitri successfully defeated a preliminary injunction motion, seeking dispositive relief against their clients, the owners of three quick service restaurant franchises and a related entity. E&D attorneys argued the motion sought relief not sought in the underlying action, and was otherwise legally deficient. Moreover, the facts of the case, even at the preliminary injunction stage, favored E&D’s clients. The court agreed with E&D, holding, critically, that, in addition to being legally insufficient, the opposition could not meet its burden of showing it was likely to succeed on the merits of any of its claims. The court’s opinion adopted E&D’s clients’ statement of the facts and all legal theories.
  • The New FASB Rule: What Does it mean for Franchisors?
    image_http://ed-lawfirm.com/wp-content/plugins/pdf-print/images/pdf.pngAs we highlighted in a previous blog, the Financial Accounting Standards Board (“FASB”) new rule on revenue recognition requires a franchisor to...
  • Franchisor Accounting Issues
    image_http://ed-lawfirm.com/wp-content/plugins/pdf-print/images/pdf.pngThe Financial Accounting Standards Board (“FASB) issued new revenue recognition guidelines that take into effect in 2019 for private companies. The guidelines...
  • Finding the Best in Franchising
    image_http://ed-lawfirm.com/wp-content/plugins/pdf-print/images/pdf.pngA commercial real estate client called me and told me that he had decided to change directions and buy a business. He...
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