Business Organization, Finance & Banking, Commercial Real Estate

J-REIT Reform – Finance and Insider Trading Regulations

by Shusaku Iwasaki, Mitsutoshi Uchida | Morrison & Foerster LLP on 4/2/2013

On December 7, 2012, the working group of the finance committee of the Financial Services Agency of Japan (the “Working Group”) issued its final report (the “Final Report”) with respect to the reform of the legal regime of...more

Miami: Our Best Climate is the One Serving Your Business

by Fuerst Ittleman David & Joseph, PL on 2/15/2013

According to recent media reports, Miami has become the “go-to” location for companies seeking a better business, a fact that has been noticed by many major New York observing the trend of migration to Florida. Consider the...more

Former Congressman Steve Bartlett Joins the LEVICK Team [Video]

by LEVICK on 1/15/2013

In this LEVICK Daily interview, LEVICK’s new Strategic Policy Advisor, Steve Bartlett, discusses how companies can best navigate the complex relationships between the public and private sectors. As a former Congressman, Mayor...more

Quest for control of leading London hotels: Real estate finance and enforcement points of interest

by K&L Gates LLP on 10/26/2012

Introduction Two related cases have recently ruled on points of interest to those involved in loan management and enforcement. Both cases relate to Patrick McKillen's quest for control of three leading London hotels and...more

Hidden Liability Traps in Real Estate Loans

by Farella Braun + Martel LLP on 10/26/2012

Borrowers and their constituents generally benefit from certain limitations on personal liability for indebtedness secured by California real property. California’s one action and anti-deficiency rules require a lender faced...more

Ropes & Gray Real Estate Group Prominently Featured at IMN's 2nd Annual Real Estate General Counsel Forum

by Ropes & Gray LLP on 10/3/2012

In this alert: - Ropes & Gray Real Estate Group Prominently Featured at IMN’s 2nd Annual Real Estate General Counsel Forum - Acquiring and Selling Notes: What You Need to Know - Of Operating Partners and...more

Ruling Protects Secured Creditors' Rights

by Pullman & Comley, LLC on 10/2/2012

Originally published in the Connecticut Law Tribune on September 24, 2012. When a Chapter 11 debtor proposes to sell secured assets prior to confirmation of a plan, it may not do so without providing its secured...more

Singapore Money Saving Tip - Refinancing In A Recession

by Chris Chua on 10/1/2012

The recent economic downturn have resulted in many of us tightening our belts. Everyone is looking for ways to reduce their spending. We often overlook the very obvious method (and also substantial) savings through...more

High Demand and Significant Opportunity for New Markets Tax Credit Financing in Maine

by Pierce Atwood LLP on 9/25/2012

The Maine New Markets Capital Investment Program was established in 2011 to encourage private investment in low-income communities which lack good-paying jobs and have high rates of poverty. The Maine new markets program is...more

Nonresident Limited Partners Lose Entire Investments but Still Subjected to Large PA Tax Bills

by McNees Wallace & Nurick LLC on 9/24/2012

On August 16, the Commonwealth Court upheld its perplexing January 2012 decisions that nonresident limited partners who lost their entire investments in a partnership owning Pennsylvania real estate, and who apparently had no...more

A New LLC Act for New Miami (and the Rest of Florida)

by Bilzin Sumberg Baena Price & Axelrod LLP on 9/14/2012

This is the first in a series of blog posts on the new Florida Limited Liability Company Act. Future posts will discuss issues relating to the Act and its ramifications on Miami (and Florida) businesses. The Need To...more

Third Circuit in Historic Boardwalk Hall: Tax Credit Investor is Not a Partner and Cannot Take Rehabilitation Tax Credits

by Ballard Spahr LLP on 9/10/2012

On August 27, in Historic Boardwalk Hall, the Third Circuit Court of Appeals decided that a tax credit investor was not a partner because it “lacked a meaningful stake in the success or failure” of the project owner....more

Third Circuit Strikes Down Historic Tax Credit Deal

by Katten Muchin Rosenman LLP on 9/5/2012

In Historic Boardwalk Hall, LLC, New Jersey Sports and Exposition Authority, Tax Matters Partner v. Commissioner of Internal Revenue, the U.S. Court of Appeals for the Third Circuit invalidated the allocation of federal...more

Miami Beach Convention Center Seeking P3 for Re-Development

by Bilzin Sumberg Baena Price & Axelrod LLP on 8/30/2012

Convention Centers Look to P3s to Become More Competitive Globally The PPP Bulletin recently reported that the city of Los Angeles is considering forming a public-private partnership with a private-sector entity to...more

“Sophisticated Investors” – how to determine; by Bruce E. Methven

by The California Securities Attorneys on 7/3/2012

Several securities-offering exemptions allow “sophisticated investors” to invest. The question is how to determine when potential investors are sophisticated. ...more

Client Alert: Guarantors May Face Unexpected Recourse Exposure

by Jeffrey Wutzke | Lewis and Roca LLP on 5/31/2012

Recent judicial decisions could result in a big increase in guarantor exposure under “bad boy” or “non-recourse carveout” guaranties. A common commercial loan structure involves a non-recourse loan made to a...more

Tennessee Property Tax Update

by Bradley Arant Boult Cummings LLP on 4/23/2012

There have been several noteworthy property tax rulings that have been issued in March and April involving medical instruments, the valuation of commercial property, Tennessee’s charitable exemption, and the payment of...more

End of Operating Leases? Watch for Lease Accounting Changes

by Thompson Coburn LLP on 3/23/2012

The Financial Accounting Standards Board (“FASB”) and the International Accounting Standards Board (“IASB”) are proposing dramatic changes to lease accounting rules that would virtually eliminate operating lease accounting...more

Seventh Circuit Affirms Secured Creditors’ Cramdown Rights

by Cadwalader, Wickersham & Taft LLP on 3/8/2012

On January 19, 2012, the United States Court of Appeals for the Seventh Circuit in an opinion penned by Judge Richard Posner affirmed a bankruptcy court’s dismissal of In re River East Plaza, LLC, a single asset real estate...more

Mortgage Prepayment under the Interest Act - More Exempt Entities

by Osler, Hoskin & Harcourt LLP on 2/28/2012

On January 1, 2012, the Prescribed Entities and Classes of Mortgages and Hypothecs Regulations (the “Regulations”) under the Interest Act (Canada) (the “Act”) came into force. The Regulations...more

An [In]Subordinate Lender: Delaware Bankruptcy Court Dismisses Mezzanine Borrower's Chapter 11 Case for Bad Faith

by Cole Schotz on 1/25/2012

In an opinion that has wide-ranging implications for the structured finance industry, the Delaware bankruptcy court recently dismissed a mezzanine borrower’s chapter 11 case as a bad faith filing pursuant to section 1112(b)...more

Michigan Court Holds Borrower’s Breach of SPE Requirement in Non-Recourse Carve-Out Provision of CMBS Loan Document Results in...

by Sutherland Asbill & Brennan LLP on 1/24/2012

The Michigan Court of Appeals recently held that a borrower’s violation of a non-recourse liability carve-out provision, which prohibited the borrower from becoming insolvent, resulted in the loan becoming fully recourse...more