Noncompete Agreements and Trade Secrets

A New Era for Co‑op Sale Approvals: Local Law 2026/058

In this episode of Inside R&E, Michael A. Pensabene, a Member of R&E’s Litigation Department, invites Tina Larsson, CEO of The Folson Group, for a conversation on the newly enacted Local Law 2026/058, also known as the Cooperative Application Timeline Law, which will take effect on July 28, 2026. During the conversation, Michael and Tina explain what the law requires co-op boards to do in terms of their sale approval process. They discuss its implications and the effect it will have on co-op owners, shedding light on how the law aims to create greater transparency around board decision-making, as well as the potential pitfalls it may introduce. They also explore how co-op boards can navigate the law and manage the application process for prospective purchasers, with Tina drawing on her experience to offer practical insights. She also shares how The Folson Group has helped co-op boards stay on top of their application processes and minimize exposure to liability under this new law. 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. Tina Larsson is the co-founder and co-owner of The Folson Group, New York City's leading co-op and condo business consultancy. After helping her own co-op save $340,000, she and her husband, Mark Foley, started The Folson Group. They support NYC coop and condo boards in strategic advice, project management, cost reduction, and find them a property manager that fits their needs. She is the author of Living the High Life, frequent podcast guest and speaker, and holds a LEED Green Associate designation. Tina is on a mission to educate and support NYC condo or co-op boards optimize their buildings, because smart coop and condo boards don’t go it alone. For any questions related to this episode, contact Michael A. Pensabene at mpensabene@rosenbergestis.com [mpensabene@rosenbergestis.com] or (212) 551-8406. Tina Larsson can be reached at tina@thefolsongroup.com [tina@thefolsongroup.com] or (917) 648 - 8151. You can also reach out to Tina and The Folson Group, or know more about her work, using the links below: * LinkedIn: https://www.linkedin.com/in/tinalarssonli/ [https://www.linkedin.com/in/tinalarssonli/] * Website: https://www.thefolsongroup.com/ [https://url.us.m.mimecastprotect.com/s/_BPRC82X68TYvmlGunfQTyS0kp?domain=thefolsongroup.com/] * Tina’s book: https://www.thefolsongroup.com/book [https://url.us.m.mimecastprotect.com/s/8rrHC9r3Q6I23Jv0hEhVTq4EyV?domain=thefolsongroup.com] * Insta: folsongrp [https://www.instagram.com/folsongrp/] * TikTok: folsongrp [https://url.us.m.mimecastprotect.com/s/DwkfC0RAVqhmonKxF2iXT9ctHF?domain=tiktok.com] * Youtube: @folsongrp [https://url.us.m.mimecastprotect.com/s/7lzzCgJ7LYTG0vr3s3srT4ENpb?domain=youtube.com] * Get our NYC Compliance Calendar right in your inbox: https://nyccompliancecalendar.com/ [https://url.us.m.mimecastprotect.com/s/C9gPCjRAqQhR5z2rU1tPTmvlct?domain=nyccompliancecalendar.com/] Stream the full episode, now available on Apple Podcasts [https://podcasts.apple.com/us/podcast/a-new-era-for-co-op-sale-approvals-local-law-2026-058/id1681172554?i=1000763298912], Spotify [https://open.spotify.com/show/7lHKaSQzi7UrvCr8KpJ9Cg] and YouTube [https://youtu.be/R3WIouALq4Q].

Property Management in New York City

In this episode of Inside R&E, Alex M. Estis [https://www.rosenbergestis.com/attorney/alex-m-estis], a Member of R&E’s Litigation Department, invites Joel Davis [https://www.ppmnyc.com/officers], President of Peninsula Property Management (PPM) [https://www.ppmnyc.com/], and Ernest Rrika [https://www.ppmnyc.com/officers], Director of Operations, for a conversation on property management in New York City and PPM’s perspective on managing properties in a complex market. During the conversation, Alex, Joel, and Ernest discuss PPM’s hospitality‑driven approach to managing properties in New York City and the operational strategies behind the firm’s rapid growth. They address commonly mismanaged property issues, the importance of proactive legal involvement, and how clear communication with landlords and tenants underpins their work. The discussion also covers the role of AI, responsiveness and transparency, what makes a successful attorney-property manager relationship, and how common frustrations can be resolved before they become legal disputes. 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. He also handles commercial leasing negotiations and preparation for landlords, commercial tenants and net lessors. With over 15 years of exceptional experience in hospitality and property management, Joel Davis leads PPM not just to meet expectations but to exceed them at every turn. Beginning his career managing the renowned W Hotel for Marriott, Joel's extensive expertise in upscale service and operational excellence propelled him through various leadership roles, culminating in his tenure as Vice President of one of the largest property management firms in the tri-state area. Joel embodies PPM’s ethos of integrity and superior performance, overseeing all facets of operations and business development to ensure the highest standards of excellence across all managed properties. Ernest Rrika epitomizes the relentless pursuit of operational perfection at PPM. His robust background includes managing new developments and leading significant projects from roof replacements to major compliance and infrastructure upgrades, with a keen focus on innovation and stringent compliance standards. As Director of Operations, he is not only maintaining but elevating standards of compliance and oversees energy compliance initiatives, ensuring sustainability and cost efficiency that are unmatched in the industry, all while streamlining processes to enhance corporate efficiency. For any questions related to this episode, contact Alex M. Estis at aestis@rosenbergestis.com [aestis@rosenbergestis.com] or (212) 551-1204. Joel Davis can be reached at jdavis@ppmnyc.com [jdavis@ppmnyc.com] or (917) 981-8250. Ernest Rrika can be reached at errika@ppmnyc.com [errika@ppmnyc.com] or (646) 894-7065. Click here [https://inside-rosenberg-estis.captivate.fm/] to stream the episode, or view it here [https://www.youtube.com/watch?v=Ih4WTYdqiJ8] on YouTube.

Noncompete Agreements and Trade Secrets

In this episode of Inside R&E, R&E Member Alexander H. Shapiro [https://www.rosenbergestis.com/attorney/alexander-h-shapiro] and Counsel Daniel C. Gibbons [https://www.rosenbergestis.com/attorney/daniel-c-gibbons] join Dave Lorenzo [https://exitsuccesslab.com/dave-lorenzo-bio/], 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 [ashapiro@rosenbergestis.com] or (212) 551-1221, or Daniel C. Gibbons at dgibbons@rosenbergestis.com [dgibbons@rosenbergestis.com] or (212) 551-1264.

Inside Appraisals: Valuation, Lease Resets & Property Tax Insights

In this episode of Inside R&E, Benjamin M. Williams [https://www.rosenbergestis.com/attorney/benjamin-m-williams/], Member and Head of the firm's Property Tax Department, invites Brett B. Theis [https://www.rosenbergestis.com/attorney/brett-b-theis/], Member in the firm’s Litigation Department, and Neil Axler [https://www.eisneramper.com/about-us/professional-directory/neil-axler/], Managing Director at EisnerAmper NY and leader of the firm’s National Real Estate Valuation Practice, to discuss appraisal methodologies, commercial lease appraisals, arbitration and property tax issues. In this conversation, Ben, Brett, and Neil explore various appraisal methodologies and valuation approaches. Neil discusses how appraisals are handled when engaged by divorce attorneys or appointed as a neutral appraiser for both parties. He offers insights into the sales, cost, and income approaches to property valuation, explaining which method is best suited to different scenarios. Brett adds perspective on appraisals in the context of commercial lease renewals, rent resets, and baseball arbitrations, emphasizing the importance of real-world experience in determining value. The group also discusses why arbitrators are often preferred over brokers, common issues surrounding the application and violation of USPAP (Uniform Standards of Professional Appraisal Practice), and the reasons lease agreements often lack specifics on rent renewals. They explain how it’s determined whether a dispute proceeds to arbitration or trial, and share stories and lessons learned from past cases they’ve worked on. Benjamin Williams’ practice focuses on property tax reductions and planning. He has represented thousands of clients in property tax appeals and at New York City Tax Commission hearings. He also has a depth of experience in real estate tax projections for development, acquisition, leasing, financing and budgeting. Ben’s forte is in reducing property taxes for co-ops and condos, multi-family residential, office, and retail properties. He has worked on Industrial and Commercial Abatement Program (ICAP), ICIP, 421-a, 485-x, 467-m, J-51, Not-For-Profit, Childcare Center exemption and abatement applications and projections. Brett Theis’ clients include some of New York’s largest investment and advisory firms, publicly traded REITs, commercial landlords and management companies, shopping center owners, international pension funds, not-for-profit corporations, and families with large real estate holdings. He uses his vast knowledge of New York law and nearly 20 years of litigation experience to evaluate complicated matters and develop intelligent, cost-effective strategies to achieve his clients’ goals. Brett regularly represents his clients in high-stakes matters in all New York state and federal courts, including appellate courts, and maintains an active arbitration practice. He has first-chaired numerous jury and non-jury cases to verdict and has been equally successful winning cases on motions for summary judgment and obtaining extraordinary injunctive relief for his clients when necessary. Neil Axler has three decades of real estate experience in valuing individual assets and portfolios of income-producing commercial and industrial properties. His diverse client base includes publicly traded and privately held companies, high-net-worth individuals, family offices, and government entities at the state, local, and federal levels. Neil oversees business development, management, and execution of real estate valuation consulting projects. With deep expertise in valuations for financial reporting, trust and estate planning, federal government agencies, tax appeals, and litigation support, Neil is also experienced in providing services for special servicers and in handling complex bankruptcy and restructuring cases. For any questions related to this episode, contact Benjamin M. Williams at bwilliams@rosenbergestis.com [bwilliams@rosenbergestis.com] or (212) 551-1246. Brett B. Theis can be reached at btheis@rosenbergestis.com [btheis@rosenbergestis.com] or (212) 551-8494. Neil Axler can be reached at neil.axler@eisneramper.com [neil.axler@eisneramper.com] or (917) 648-2159. Click here [https://inside-rosenberg-estis.captivate.fm/listen] to stream this episode, or view it here [https://www.youtube.com/watch?v=FXYIfxXefDA&list=PLlnS1YhSAOrBXMSeHmVR0uYhWlcBVYCOW&index=1] on YouTube.

Part 2: Local Law 97

In this episode of Inside R&E, Devin P. Kosar [https://www.rosenbergestis.com/attorney/devin-p-kosar/], a Member in the firm's Litigation Department, welcomes back Alex Zafran [https://www.linkedin.com/in/alexanderzafran/], 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 [https://www.rosenbergestis.com/attorney/devin-p-kosar/] at dkosar@rosenbergestis.com [dkosar@rosenbergestis.com] or (212) 551-1208. Alex Zafran [https://www.linkedin.com/in/alexanderzafran/] can be reached at azafran@logicalbuildings.com [azafran@logicalbuildings.com]. Click here [https://inside-rosenberg-estis.captivate.fm/listen] to stream this episode, or view it here [https://www.youtube.com/watch?v=wm_8Ae1iNUg] on YouTube.