Commercial Law & Contracts, Administrative Law, Commercial Real Estate

Charter Schools: Leasing a surplus building from the District of Columbia

by Real Estate Counselors, PLLC on 3/5/2013

The District of Columbia has a special program to lease surplus buildings to Charter Schools. Read Roberta Colton's article to find out the details. and best practices....more

Governmental Actions That May Assist Insurance Recovery for Superstorm Sandy Claims [UPDATED]

by Lynda A. Bennett, Andrew S. Zimmerman | Lowenstein Sandler LLP on 1/18/2013

Following the widespread destruction caused by “Superstorm Sandy,” the governors of New York and New Jersey declared states of emergency and issued numerous emergency executive orders and directives. Some of these orders have...more

Big Year For Published Eminent Domain Decisions

by Brad Kuhn, Rick Rayl | Nossaman LLP on 1/15/2013

Originally Published in Daily Journal, January 15, 2013. As we look back on 2012, federal funds continued to make their way to local projects and shovels continued to break ground for infrastructure projects. This led to...more

New Liability Protection For Tenants On Brownfield Properties

by Jane Luxton | Pepper Hamilton LLP on 1/9/2013

In a December 2012 Guidance Memo, the Environmental Protection Agency (EPA) announced new enforcement principles intended to enhance protections for tenants on contaminated or previously contaminated “brownfield” properties....more

Summary Of HUD’s New Draft LEAN Loan Documents, December 21, 2012

by Christine Waldmann Carmody, Blair L. Schiff | Pepper Hamilton LLP on 1/5/2013

On September 7, 2012, the Federal Housing Administration (FHA) published new regulations for the Section 232 Healthcare Facility Insurance Program in the Federal Register. FHA had previously proposed new regulations and loan...more

Summary Of HUD’s LEAN 232 Program E-Mail Blast: Office Of Residential Care Facilities (ORCF), December 19, 2012

by Christine Waldmann Carmody, Blair L. Schiff | Pepper Hamilton LLP on 1/5/2013

In an effort to summarize the highlights of the LEAN E-mail Blasts that we receive, and rarely have time to review in a timely fashion, we at Pepper are providing this quick synopsis of the latest LEAN update. Our aim is to...more

New EPA Guidance Gives Long-Term Tenants Direct Access to the Bona Fide Prospective Purchaser Defense and Greater Protection from...

by Jeffrey Kirschenbaum | Buchalter Nemer on 1/4/2013

Newly issued guidance by the U.S. Environmental Protection Agency (USEPA) suggests that prudent long-term tenants of commercial and industrial properties should conduct environmental due diligence before entering into a...more

Using Letters Of Credit For Tenant Credit Enhancement

by Michael Kuhn | Jackson Walker on 1/3/2013

I. Introduction. Cash security deposits (typically in the amount of one or two month’s rent) have been the traditional form of tenant credit enhancement required by commercial landlords. However, in instances where...more

New Reliability Compliance Opportunities in 2013

by Daniel Frank, Alison Graab, Meghan R. Gruebner, Alexandra Konieczny, Jennifer Kubicek | Sutherland Asbill & Brennan LLP on 1/2/2013

The Federal Energy Regulatory Commission (FERC) closed out 2012 with several orders affecting reliability compliance. FERC adopted a revised definition of the “bulk electric system,” authorized FERC access to e-Tags used to...more

Commercial Real Estate Lending: Lessons from 2012 and Predictions for 2013

by Keith Mullen | Winstead PC on 1/2/2013

The combination of 4 speaking engagements and working on 4 new (or revived) lending products buried me during the last several months. Fortunately, I’ve navigated the course, and it is a new year. It is time to take a look...more

California Expands Prohibition on Certain Indemnity and Cost of Defense Provisions in Construction Contracts

by Stuart J. Einbinder, Jeffrey M. Singletary | Snell & Wilmer L.L.P. on 12/28/2012

Back in October 2011, California Governor Jerry Brown signed into law Senate Bill 474, which addresses indemnity provisions and cost of defense requirements in commercial construction contracts. The new law goes into effect...more

Will Your Indemnity Clauses be Unenforceable on January 1, 2013?

by Gregory Clark, Bryan C. Jackson | Allen Matkins Leck Gamble Mallory & Natsis... on 12/18/2012

Amendments to California’s construction indemnity statutes will go into effect on January 1, 2013. Your commercial construction contracts may need to be modified or other strategies may need to be implemented or your...more

U.S. EPA Issues New Guidance on Bona Fide Prospective Purchaser Defense for Tenants

by Cristina Stummer | Saul Ewing LLP on 12/17/2012

The United States Environmental Protection Agency ("EPA") released revised guidance on the applicability of the bona fide prospective purchaser ("BFPP") defense to tenants under the Comprehensive Environmental Response,...more

Mississippi CON Report - December 13, 2012

by Bradley Arant Boult Cummings LLP on 12/15/2012

In This Report: - I. November 29, 2012 - Mississippi Certificate of Need Meeting - II. 2013 State Health Plan Approved - III. Certificate of Need Program Report – Filings/Reports Since October 2012 CON Meeting -...more

Alabama CON Report - December 12, 2012

by Bradley Arant Boult Cummings LLP on 12/13/2012

In This Issue: - I. Certificate of Need Program - II. For Informational Purposes Only - III. OLD BUSINESS - IV. NEW BUSINESS - Excerpt from Certificate of Need: A. Emergency Application...more

Optimism Abounds at the CREFC After-Work Seminar: "Lender Perspective: Current State of the Debt Markets & Trends for 2013"

by Laurie Nelson | Dechert LLP on 12/12/2012

As Philadelphians, it’s easy to think that 2012 has been a disappointment. Our beloved Eagles are 4-9, the Phillies had the most disappointing season in recent history and the Sixers traded last year’s best player for someone...more

The Department of the Interior Issues New Rules Regulating the Leasing of Tribal Lands

by Christopher P. Colyer, Craig R. McPike, Mark D. Ohre, Heidi McNeil Staudenmaier, James M. Susa, Joyce K. Wright | Snell & Wilmer L.L.P. on 12/10/2012

New regulations enacted by the U.S. Department of the Interior (DOI) applicable to tribal leases will have far reaching impacts on businesses, particularly renewable energy projects, utilizing tribal lands....more

State Mandated Accessibility Inspections

by Mona G. Ebrahimi, Maggie W. Stern | Kronick, Moskovitz, Tiedemann & Girard on 12/6/2012

In September 2012, the State Senate created a new state mandated local program by enacting S.B. 1186 which requires local agencies fund increased Certified Access Specialist (“CASp”) services. CASps work for local...more

New Law Aims to Cut Abuse in Disability Access Lawsuits

by Steven J. Cramer | Wendel, Rosen, Black & Dean LLP on 12/4/2012

Most business and commercial property owners have had at least one brush with a disability access lawsuit. Because a defendant in these lawsuits must pay a successful plaintiff’s attorneys' fees, the lawsuits are often...more

Court Decision on Loss of Goodwill Results in Sour Grapes for Business Owners

by Brad Kuhn, Ben Rubin | Nossaman LLP on 11/29/2012

California is one of only a few states in which a business may recover for loss of goodwill when property is taken by eminent domain, but even here there are limitations on a business' right to recover for such damages. ...more

Minimizing Commercial Lease Risks Through Proper Environmental Due Dilligence

by Lane Powell PC - Environmental Law on 11/21/2012

As real estate development and leasing begin to emerge slowly from the dark days of the Great Recession, it’s important to remember that environmental considerations should not take a back seat to getting a deal done. In...more

Rogers Towers: More Changes in Store for the Hud-1

by Douglas L. Waldorf, Jr. | Rogers Towers on 11/15/2012

Many of you will remember the sweeping revision of the venerable HUD-1 form which went into effect in 2010 as well as the hours of retraining that we all went through to understand it....more

Get Hurricane Sandy Help From Insurers and FEMA

by Aaron Kase | Lawyers.com on 11/15/2012

Many homeowners may just be starting the insurance claims process after Hurricane Sandy’s visit to the east coast that left over 100 dead and millions more displaced or without electricity. After surveying the wreckage,...more

State Insurance Department Responses to Superstorm Sandy

by Sutherland Asbill & Brennan LLP on 11/12/2012

Superstorm Sandy caused a considerable amount of property damage along the East Coast and will result in a substantial influx of related insurance claims. In response, the insurance departments of those states hit hardest by...more

Property Owners Have No Indemnification or Other Liability-Shifting Rights Against Consultants Whose Advice Results in ADA Title...

by Sherman & Howard L.L.C. on 11/6/2012

Owners of "public accommodations" covered by Title III of the Americans with Disabilities Act, as well as public entities with facilities governed by Title II of the ADA, often rely on the advice of consultants for compliance...more

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Commercial Law & Contracts › Administrative Law › Commercial Real Estate