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    • Questions about sales process and 50% split with sublessee. 4
    • Empire State Building and Sublessee 1961-2012: Changing views
    • $2.5 Billion Empire State Building Appraisal 6
    • Sublease >
      • "The supervisor has represented that historically, agreements have been entered into to share capital expenditure and financing costs"
      • Sublessee owners 7
      • Sublessee or Lessee 8
      • Is sublessee in a joint venture with Empire State Building? 9 empire state building ipo prospectus
      • Sublessee declines opportunity to become co-owner 10
      • Owner's relationship with sublessee is contractual 12
    • There is one owner of Empire State Building 11
    • Title to all of the improvements shall be in the Lessor 13
  • News
  • Lawsuits against Malkin Holdings L.L.C. since 3/1/12
    • 3/1/2012 First Class Action Lawsuit
    • 3/7/12 Second Class Action Suit
    • 3/12/12 Third Class Action Suit
  • SEC Rules
    • SEC rules
    • SEC rules 2
  • 3/16/12 SEC filing Empire State Building Associates
  • 4/4/12 SEC Filing EMPIRE STATE BUILDING ASSOCIATES L.L.C.
  • May 31 2012 Empire State Building Associates L.L.C. SEC Filing
  • How much is your ownership worth?
  • WSJ: High-Stakes Feud over Empire State Building
  • FORM OF PARTICIPATING AGREEMENT OF EMPIRE STATE BUILDING ASSOCIATES L.L.C.
  • No independent representative was retained to negotiate on behalf of the participants
  • S-4 Empire State Equity Trust February 13, 2012 14
  • definitions
  • continued from home page 15
  • Empire State Owners Go Ape Over IPO Tax Issues: Wall Street Journal April 8 2012
  • January 9, 2012 Answer to SEC inquiry
  • REITs Spring an Unnerving Surprise
  • Average Rent paid according to Malkin Holdings L.L.C.
  • Duties of Supervisor of Associates
  • Reuters: Empire State Building IPO change may help pay tax
  • Wall Street Journal: Tax Terms Amended in Empire State Building IPO
  • How to Ruin a Safe Bet; Did Rockefeller Center Financiers Reach Too Far?
  • May 31 2012 Helmsley Estate Driving Empire State Building IPO, Malkins Say
  • SEC May 11, 2012 :" "There are material risks and conflicts of interest associated with the consolidation."
  • Empire State Realty Trust, Inc. Lockup Agreement
  • Sublease or Lease
  • Shared Debt Obligation
  • Eliminating Two-Tier Ownership
  • Sublease renewals
  • June 9, 2008 Consent for Loan for Improvement Program
  • December 27, 1961 Lease Empire State Building Prudential Insurance Company and Empire State Building Associates
  • Lease renewals
  • June 8 2008 Loan for Improvements
  • June 9, 2008 Empire State Building Improvements Budget
  • $10 million REIT fees paid out 2011 Empire State Building IPO
  • 2011 Empire State Building Company LLC financials
  • SEC filing July 2, 2012 Empire State Building Associates L.L.C
  • ESBA number of participants
  • On August 6, 2012, Malkin Holdings L.L.C., the supervisor of Empire State Building Associates L.L.C. (the “Registrant”), provided the following to persons calling participants in the Registrant, to be used as a script for such calls:
  • SEC August 6, 2012 Empire State Realty Trust, Inc
  • Poll of ESBA participants
  • August 9, 2012 Legal Proceedings Empire State Building Associates 10Q
  • Columbia University Sublesse interest
  • August 9, 2012 SEC filing of New Risk Factor of More Lawsuits against Management
  • 2012: Observatory increased admission prices over 15%
  • Wells Notice
  • SEC Filing 8/24/12 "legally distinct from a joint venture"‏ malkin empire state sec filings
  • Empire State Realty Trust Empire State Realty Trust, Inc. Empire State Building IPO
  • Top ten reasons to Vote NO to sale of Empire State Building to REIT
  • Empire State Building Income
  • Page 1
  • Economic Joint Venture
  • 50/50 split
  • Empire State Building privately owned by Empire State Building Company?
  • S-4
  • 11/5/12 Settlement reached in Empire State Realty Trust suit
  • S-4 Red-lined version 11/2/12
  • Class Action Suit
  • Empire State Building Company Partnership Agreement
  • January 28, 2013 $800 Class Action Lawsuit Filed
  • REIT fees to ESBA investors
  • 1971 Sublessee Operating Agreement and Amendments
  • 1971 Empire State Building Company Participation Agreement
  • SEC 2/5/13 1971 Sublessee Empire State Building Company Participation Agreement
  • Top Ten Vote No
  • Sublease and improvements
  • Ex-Wien partner: Vote No to REIT
  • NYC's Towering TV Choice: 1 WTC Or Empire
  • Observatory
  • 1961 Empire State Building Associates Prospectus
  • A Yen for Yield Could Rock U.S. REIT
  • Law360
  • REfin Blog
  • Crain's New York: Bidders up ante at Empire State Bldg.
  • Crains New York: Another bidder moves to upset Empire St. Bldg. plan.
  • ESBA purchase of fee title 2001-2
  • Damage and Destruction:
  • ESBA land building cost percentages
  • Revman headed for Empire State Building
  • SL Green says private market will value ESB higher
  • Private market values exceed public market values
  • Thor makes second offer for Empire State Building
  • Empire State Building Investors Again Sue Owners Over IPO
  • Empire State Building Topless Model Lawsuit
  • Empire State Building $500 Million Lawsuit against Malkin Holdings
  • Investors Launch $600M Suit Over Empire State Building Deal
  • Law360: Report Details Malkin's Rebuff Of Empire State Bldg. Bids‏
  • Empire State Building Investor Appeals $55M Settlement
  • Empire State Building Investors Rip Owners Over Discovery
  • SEC Freedom of Information Act Exemptions
  • ESRT SEC filings comments and Malkin Holdings uploaded answers
  • ESRT SEC Indexed files
  • FREEDOM OF INFORMATION ACT (FOIA) Annual Report for Fiscal Year 2013 (October 1, 2012 through September 30, 2013)
  • Freedom of Information Appeal (FOIA) Resources
  • “MALKIN FAMILY CONTRIBUTORS” to REIT
  • FOIA Vaughn Index
  • sec-glomar-response-to-foia-request-for-copies-of-interviews-with-empire-state-building-investors
  • “[WE] CAN NEITHER CONFIRM NOR DENY THE EXISTENCE OR NONEXISTENCE OF RECORDS RESPONSIVE TO YOUR REQUEST”1 : REFORMING THE GLOMAR RESPONSE UNDER FOIA
  • SEC issues Glomar Response for ESRT-first since 2010
  • Glomar Response-Office of Government Information Services
  • Empire State Building $600 Million lawsuit against Peter Malkin and Tony Malkin
  • SEC FOIA Lawsuit for Empire State Building REIT records
  • Case 1:14-cv-01140 EDELMAN v. SECURITIES AND EXCHANGE COMMISSION Complaint
  • AGREEMENT BETWEEN MALKIN HOLDINGS LLC AND HELMSLEY ENTERPRISES, INC.
  • PARTNERSHIP AGREEMENTS and FORM OF PARTICIPATING AGREEMENT For Lincoln and Fish Buildings
  • Helmsley Management to self manage
  • SEC Division of Corporation Finance Staff Legal Bulletin No. 1 (with Addendum) "Confidential Treatment Requests"
  • Untitled
  • EDELMAN v. SECURITIES AND EXCHANGE COMMISSION-Case Assigned to Judge Rosemary M. Collyer. (md, )
  • About 20% of the people who were warned over a two-year period that they might be sued by U.S. regulators for allegedly violating securities law ended up not facing charges
  • justice.gov guide-freedom-information-act
  • September 19, 2013
  • September 5, 2013
  • August 12, 2013
  • December 21, 2012
  • December 17, 2012
  • October 19, 2012
  • October 10, 2012
  • October 5, 2012
  • September 24, 2012
  • September 13, 2012 file 1
  • September 13, 2012 file 2
  • September 10, 2012 file 1
  • September 10, 2012 file 2
  • September 5, 2012
  • August 27, 2012
  • May 8 , 2012
  • July 3, 2012
  • The OGIS Library Vaughn Index
  • FOIA Facts: Inside the Process of Preparing a Vaughn Index
  • Sample Vaughn Indexes
  • ESRT Equity Interests
  • SEC Vaughn Index Lawsuits
  • Gavin vs. SEC
  • GAVIN v. UNITED STATES SECURITIES EXCHANGE COMM., Civil No. 04-4522 (PAM/JSM). , at 4 (D. Minn. Oct. 13, 2006)
  • Empire State Realty Trust Ownership
  • Improvements ownership
  • Therefore, each of Associates and Lessee will ultimately bear one-half of the cost of the improvement program
  • CF Memo
  • SEC Is Steering More Trials to Judges It Appoints
  • 10/20/14 Activity in Case 1:14-cv-01140-RMC EDELMAN v. SECURITIES AND EXCHANGE COMMISSION Order
  • NYC Rooftop RF Options Widen
  • H.R.1211 - FOIA Act
  • Exemption 5
  • Exemption 6
  • 11/10/14 ESRT Update on Lawsuits
  • SEC: How Investigations Work
  • SEC FOIA Exclusions
  • SEC FOIA Requests November 2014
  • FOIA Glomar response conversion to The (c)(1) Exclusion
  • Law360: Empire State Building Investors Launch Another Suit Over IPO
  • 2/17/15: PLAINTIFF’S MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND IN SUPPORT OF PLAINTIFF’S CROSS MOTION FOR SUMMARY JUDGMENT
  • ESB SEC FOIA Requests Updated List
  • ESB SEC FOIA Requests Updated List March 2015
  • 04/17/15 RICHARD EDELMAN, ) Plaintiff, ) ) v. ) Case No. 1:14-CV-1140 (RDM) ) SECURITIES AND EXCHANGE ) COMMISSION, ) Defendant.
  • Malkin attorneys FOIA requests for ESB investigation files rebuffed by SEC
  • ESRT SEC Enforcement Investigation File
  • FOIA Lawsuit San Diego
  • Malkin Holdings lawyers Dewey Pegno SEC FOIA requests Empire State Building
  • Federal Court to Rule on release of SEC ESRT-Malkin Holdings Investigation Files
  • Peter Malkin Tony Malkin Lose Empire State Building Case Ruling
  • Malkin Holdings, Peter Malkin and Tony Malkin lose counterclaim ruling in Empire State Building Arbitration case.
  • Federal Court to rule on release of SEC ESRT Malkin Holdings ​Empire State Building investigation files.
  • SEC FOIA Lawsuit Empire State Realty Trust Malkin Holdings Consumer Complaints
  • Empire State Realty Trust Income Tax Treatment according to Malkin Holdings LLC
  • February 20, 2013 Re: In re Empire State Realty Trust, MNY-08894
  • SEC 662
  • SEC lawyers Empire State Building sale notes from calls and meetings with Malkin Holdings managers ordered released by Federal Judge
  • Malkin answer to SEC about unauthorized renewal of Empire State Building Master Lease
  • "SEC Ordered To Turn Over Empire State REIT Docs Index"
  • Empire State Building Department of Justice FOIA ruling Malkin Holdings

Empire State Building U.S. Department of Justice FOIA Ruling Malkin Holdings



https://www.justice.gov/oip/edelman-v-sec-no-14-1140-2017-wl-908473-ddc-mar-6-2017-moss-j
click here

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  • Exemption 6: "Given the fact-intensive nature of the required inquiry, the Court cannot accept the SEC's invitation to sustain its application of Exemption 6 to all identifying information about all of the complainants." The court finds that "because the current record lacks sufficient information for the Court to conduct the required balancing, and because the SEC (which mistakenly concluded that providing the complainants' names 'would not shed light on how the government operates,' . . . should conduct the relevant balancing in the first instance, the Court will deny summary judgment at this time." The court relates that, "[a]ccording to the SEC, releasing this information 'would not shed light on how the government operates,' and, thus, the complainants' privacy interest necessarily outweighs the public interest." The court finds "that the SEC has not correctly performed the required balancing." The court finds that defendant's "conclusion ignores the 'public interest in knowing who may be exerting influence on [SEC] officials sufficient to convince them to' approve or disapprove a transaction[,]" "the public interest in knowing whether the SEC gives 'greater weight to the comments submitted by' some complainants than others[,]" and "the public interest in understanding whether particular complaints, which were credited or rejected by the SEC, were based on personal knowledge, financial interests, or other factors."