Richard Shore bio

Richard J. Shore



Richard Shore is counsel in our Affordable Housing and Real Estate practice. Richard has over a decade of experience in complex commercial litigation, dispute resolution, regulatory compliance, and government investigations. Richard has experience representing a wide variety of parties, including but not limited to multinational corporations, developers, boards of directors, shareholders, landlords, and tenants in real estate, corporate, and securities litigations, governmental investigations, and regulatory compliance matters.

What do you focus on?

I focus on complex commercial disputes and regulatory compliance, with a particular focus on real estate and cooperative and condominium law. I have extensive experience with the Martin Act—New York’s blue sky law, the New York Executive Law, commercial lease disputes, and the rent stabilization laws governing residential and commercial properties. I handle litigations, government investigations, dispute resolution, and regulatory compliance matters.

I continuously rely on the experience I gained as an assistant attorney general in the enforcement section of the Real Estate Finance Bureau at the New York State Attorney General’s Office. In that role, I led complex investigations and enforcement proceedings under the New York’s Business Corporation Law, General Business Law, and the Executive Law where I regularly issued subpoenas, took testimony, drafted litigation papers, and appeared in State court in proceedings involving various real estate matters on behalf of the State of New York. My experience as a government regulator is coupled with over a decade of experience in private practice handling dispute resolutions, litigating in New York State and Federal courts, appearing before arbitration tribunals, and conducting internal investigations for private companies to avoid litigation.

What do you see on the horizon?

COVID-19 has changed the world we live in, and its impact on short-and-long term contractual relationships is no exception. Every day we are faced with difficult questions relating to the future of these relationships from providing advice to landlord and tenant clients relating to commercial lease disputes arising out of government shutdowns and the economic impacts of the pandemic, to navigating the new world of virtual court appearances, mediations, and depositions.

The changes in the economic realities of many businesses and shift in markets, have resulted in contractual disputes regarding performance and payment, but also caused governments and those they regulate to readjust priorities.

This backdrop is coupled with the need for developers, landlords, boards, and tenants to rely on increasingly specialized counsel to help navigate their legal rights and obligations as a result of the 2019 changes to the rent and conversion laws, the effects of which are still being understood and litigated. As the New York housing market adjusts to the sweeping changes in rent and conversion laws, developers, landlords, and tenants will need to rely on increasingly specialized counsel to understand and navigate their rights and legal obligations in the new environment.

Creative thinking and cooperation among government agencies, tenants, and landlords will be necessary for all parties to succeed in the new pandemic (and post-pandemic) environment. Unfortunately, collaboration is often difficult, and parties will resort to the courts for resolution of issues, and government will use its vast enforcement powers to ensure new laws are followed. I stand ready to represent my clients on these matters. Owners and developers would also be wise to review their internal practices and policies to ensure they are complying with new laws and regulations, especially in light of the shifting priorities of state government enforcement agencies and likely increased resources devoted to enforcement by federal counterparts. I look forward to working with my clients on best practices to avoid litigation and government scrutiny.

Publications/Presentations

  • “NY commercial lease update: Court permits drawdown on letter of credit and rejects tenant’s impossibility of performance argument” Nixon Peabody Real Estate Law Alert
  • “New York Attorney General James Demands Home Loan Servicers Protect Homeowners during Coronavirus (Covid-19) Pandemic.” Nixon Peabody Condo & Co-op Alert, April 24, 2020
  • “New York Attorney General Real Estate Enforcement Updates.” Nixon Peabody Real Estate Law Alert, November 15, 2019
  • “Housing Issues in Focus: The Changing Legal and Regulatory Landscape for Tenants and Property Owners in New York.” Panelist Nixon Peabody, New York, NY, October 24, 2019
  • “Updates to Statute of Limitations for Real Estate Securities Claims.” Nixon Peabody Real Estate Alert, September 25, 2019.
  • New York State Bar Association Cooperatives and Condominium Committee presentations regarding the Interstate Land Sales Act, the Citibike litigations, and the New York State Attorney General’s enforcement investigations relating to the Martin Act, Executive Law, and Business Corporation Law

Representative Experience

  • Represented prominent national commercial real estate investment group owner of luxury New York 6th Avenue office building in holdover proceeding brought against tenant for failure to pay rent. Obtained judgment of eviction and for non-payment of rent, including interest and legal fees.
  • Represented Canadian luxury menswear manufacturer and its principal in lease dispute with landlord regarding New York City showroom, where client exercised surrender provision in Good Guy Guaranty, ultimately resulting in negotiated lease termination.
  • Represented commercial landlord in illegal lockout case brought by sub-tenants in New York housing court and obtained a warrant of eviction and judgment for use and occupancy against sub-tenants where master lease had terminated.
  • Represented condominium developers in investigation by New York State Attorney General relating to alleged Martin Act violations involving alleged offering plan misstatements and construction defects and contemporaneous dispute with board of condominium relating to construction defects.
  • Represented condominium developer in investigation by New York State Attorney General relating to alleged Martin Act violations involving alleged sales violations.
  • Investigated 421-a tax violations resulting in hundreds of thousands of apartments coming into compliance and millions of dollars of restitution.
  • Brought first-of-its-kind litigation dissolving a NY corporation under the Business Corporation Law.
  • Led investigations and obtained multi-million dollar settlements under the Martin Act and Executive Law.
  • Brought consumer fraud claims resulting in $12 million in restitution and injunctive relief against billion-dollar Fantasy Sports companies.
  • Defended Italian and English clients in $70+ million lawsuit in the SDNY in relation to the aborted sale of the largest privately owned collection of antique Greek and Roman sculptures.
  • Dismissed claims against Israeli manufacturer in SDNY litigation involving alleged trademark infringement.
  • Represented developer in construction defect litigation against builders of 120-unit student dormitory.
  • Obtained judgment in ICC arbitration for client in contract dispute.
  • Represented Landlord in Yellowstone action and obtained summary judgment in lease dispute resulting in a multi-jurisdiction settlement.
  • Represented holder of unsold shares of hundreds of units in dispute with board in middle-market Queens cooperative.
  • Defended Fortune 500 retail giant in lease dispute resulting in case dismissal after premise destroyed during the September 11 terrorist attacks.
  • Defended managing member of developer in LLC dispute over ownership of luxury condominium project.
  • Represented tenant group in board control dispute and thereafter tenant-controlled board in construction defect dispute with sponsor.
  • Dismissed claims related to a flood in luxury condominium brought against prominent managing agent.
  • Represented purchasers and sponsors in sales contract disputes before the New York Attorney General’s Office and in New York State court.
  • Conducted internal integrity review for a top U.S. construction company and liaised with government investigatory bodies.
  • Defended investment advisor in $100+ million-dollar dispute in FINRA arbitration.

Court permits drawdown on letter of credit and rejects tenant's impossibility of performance argument

Real Estate Finance Journal | February 01, 2021

New York Affordable Housing & Real Estate counsel Richard Shore contributed this article analyzing the recent decision in Backal Hospitality Group, LLC v. 627 West 42nd Retail LLC and what it means for commercial tenants and landlords and future proceedings related to the nonpayment of rent during COVID-19.

People on the Move

Affordable Housing Finance | August 08, 2019

This roundup of executive moves in the affordable housing space includes the arrivals of two New York City associates, Abigail Patterson and Richard Shore, both of the Affordable Housing and Real Estate practice group.

Contact

Richard J. Shore

Counsel

New York

Phone: 212-950-3050


Mobile: 917-435-7997

Fax: 833-607-9399

Seattle University School of Law, J.D.

University of Wisconsin-Madison, B.A.

New York

U.S. District Court, Eastern District of New York

U.S. District Court, Southern District of New York

  • Louis J. Lefkowitz Memorial Award for outstanding service 2015 and 2016
  • New York State Bar Association, Real Property and Commercial and Federal Litigation sections
  • New York City Bar Association
  • Habitat for Humanity Young Professionals
Back to top